Minimally invasive apparatus to manipulate and revitalize spinal column disc

ABSTRACT

A method and apparatus are provided to manipulate and revitalize a spinal column disc while minimizing or preventing the removal of material comprising the disc. The method allows a device to be inserted in the disc either through a pre-existing rupture or through an opening formed in the front, back, or sides of the disc. Increasing the space between the vertebra bounding the disc or removing disc material often is not necessary to insert the device in the disc. The device generates internal traction or other forces acting on the disc to alter the shape of the disc. The shape of the disc is altered to relieve pressure on nerves adjacent the disc. The shape of the disc is also altered to draw nuclear hernias back into the interior of the disc and to produce a disc shape that improves functioning of the disc.

This is a continuation-in-part of U.S. patent application Ser. No.11/351,665, filed Feb. 1, 2006, which is a continuation-in-part both ofU.S. patent application Ser. 11/299,395, filed Dec. 12, 2005, and ofU.S. patent application Ser. No. 11/241,143 filed Sep. 30, 2005, whichapplication Ser. No. 11/241,143 filed Sep. 30, 2005 is acontinuation-in-part of U.S. patent application Ser. No. 11/145,372,filed Jun. 3, 2005.

This invention pertains to spinal column discs.

More particularly, this invention pertains to an apparatus and methodfor manipulating and revitalizing a disc in a spinal column.

In a further respect, the invention pertains to a method to surgicallyrevitalize a damaged disc in a spinal column without requiring that thevertebrae bounding the disc be spread apart or resected.

In another respect, the invention pertains to a method for revitalizinga disc by retaining substantially all of the existing disc structure andby manipulating the shape and dimension of the disc.

An intervertebral disc is a soft tissue compartment connecting thevertebra bones in a spinal column. Each healthy disc consists of twoparts, an outer annulus fibrosis (hereinafter “the annulus”) and aninner nucleus pulposes (hereinafter “the nucleus”). The annuluscompletely circumscribes and encloses the nucleus. The annulus isconnected to its adjacent associated pair of vertebrae by collagenfibers.

The intervertebral disc is an example of a soft tissue compartmentadjoining first and second bones (vertebra) having an initial height andan initial width. Other joints consisting of a soft tissue compartmentadjoining at least first and second bones having an initial height andan initial width include the joints of the hand, wrist, elbow, shoulder,foot, ankle, knee, hip, etc.

Typically, when a disc is damaged, the annulus ruptures and the nucleusherniates. Discectomy surgery removes the extruded nucleus, leavingbehind the ruptured annulus. The ruptured annulus is, by itself,ineffective in controlling motion and supporting the loads applied bythe adjacent pair of vertebrae. With time, the disc flattens, widens,and bulges, compressing nerves and producing pain. Uncontrolled loadsare transmitted to each vertebra. Each vertebra tends to grow wider inan attempt to distribute and compensate for higher loads. When avertebra grows, bone spurs form. The bone spurs further compress nerves,producing pain.

A variety of expandable intervertebral devices are disclosed in the artto replace the intervertebral disc. Such devices are implantedintermediate an adjacent pair of vertebra, and function to assist thevertebra. These devices do not assist the intervertebral disc. In fact,in many cases the disc is removed.

Prior art intervertebral devices are either static or dynamic.

A static intervertebral device eliminates motion. Static devices aregenerally square, rectangular, trapezoidal, or box shapes that areimmobile. Static devices replace the disc to facilitate bone fusion. Theinsertion of a static device requires near total removal of the disc. Anadjacent pair of vertebrae ordinarily are contoured to the static deviceand a bone graft. A static device temporarily maintains the vertebraeimmobilized until the bone graft heals. Static devices may, oninsertion, initially expand, but their final state is immobile. Coreelements with the threads on one portion reversed or oppositely woundfrom threads on another portion have been frequently utilized to expandimmobilization (fusion) devices.

Following are examples of static immobilization devices.

European Patent Application 0260044 provides “A spinal implantcomprising an elongate body divided longitudinally into two portions andbeing insertable in the joint space between two adjacent vertebra,engageable contact surfaces between the body portions, and expansionmeans movable between the contact surfaces of the body portions forspacing body portions apart and adjusting the joint spacing betweenadjacent vertebrae.” The purpose of the spinal implant is “to provide apermanent implant to substitute a full bone graft in establishingdistraction inter body fusion.” The intervertebral disc is eliminatedand replaced by the implant. Motion is limited to one axis. “Preferablythe cam means comprises two sleeves each locatable within its ownenlarged cavity within the body and being screw-threadedly mounted onthe rod. Rotation of the rod in one direction moves the cam meansoutwardly towards the ends of the body, whilst rotation in the oppositedirection moves the cam means towards each other until the cam meansmeet centrally of the body. In the latter case the body will rock at itsextreme ends thus ensuring subtleness between injured or diseasedvertebrae.” The implant is cylindrical with at least one flat endlimiting the insertion angle or direction. The device lacks an elementor method to prevent disassembly upon traction or extension. “Theexterior surface (of the implant) is of a porous material, smooth andcoated with a bioactive material to chemically bond the bone andcartilage tissue of the vertebra to the implant.”

U.S. Pat. No. 5,658,335 to Allen provides “ . . . a spinal fixator witha convex housing which fits within the contours of the concave vertebralbodies, and is cupped by the bony edges of the bodies, enabling secureplacement without the necessity for additional screws or plates.” Theintervertebral disc is removed to insert the spinal fixator. When thefixator is being inserted, “ . . . teeth enter the vertebral body at anangle away from midline to prevent displacement of the fixator duringspinal/flexure and/or extension.” In order to function properly, thefixator is highly dependent upon divergent teeth. One potential problemwith the Allen fixator is that it can disengage from vertebrae when thespine is subjected to traction or tension. The Allen fixator can includeexternal threads on the core member that are separated into two,oppositely wound portions, and can include a core member that defines anaperture for insertion of a tool to rotate the core member.

U.S. Patent Application 2004/017234A1 describes apparatus that engagesapophyseal rings of an opposing pair of vertebrae when lateral membersin the apparatus are in an extended configuration. The apparatusincludes an expansion mechanism having a shaft. The shaft has threadedportions on opposite edges that threadly engage the lateral members. Thethreaded portions are oppositely threaded and have equal thread pitch.

U.S. Pat. No. 6,176,882 to Biederman et al. discloses a fusion devicethat is immobile after it is expanded. The shape of each of the sidewalls of the device is substantially trapezoidal to provide a truncatedwedge-shaped body. The device includes a threaded spindle having twoends and two portions with opposite thread pitch. The adjusting elementof the device comprises two wedge members. The teeth on the device areinwardly and outwardly adjustable so they can be individually adjustedto the prevailing anatomic shape of the end plates of each vertebra.Each portion of the spindle has a different thread pitch.

U.S. Pat. No. 5,514,180 to Heggeness, et al. discloses prostheticdevices that conform to the vertebral bone after removing theintervertebral disc or resecting the vertebra to conform to the device.The device is not expandable.

U.S. Patent Application No. 2005/0065610 discloses apparatus thatengages and contacts each adjacent vertebra to stabilize the vertebrawithout the disc. The apparatus has sharp hard edges and is insertedinto the disc space.

Dynamic devices move. Inserting a dynamic device like a total discprosthesis requires a near total removal of disc tissue. A dynamicdevice ordinarily is inserted to contour to the vertebral bones withouta bone graft. Usually the vertebral bones are contoured to the dynamicdevice. Round, curved, or circular shaped devices inserted afterremoving disc tissue or vertebral bone tend to migrate in theintervertebral disc space or subside within the vertebral bone. Dynamicdevices are permanent devices that replace a disc, connect vertebralbones together, and allow movement. Dynamic devices initially mayexpand. Their final state is mobile.

Other dynamic devices require a partial removal of disc tissue. Thedevices are inserted within the interior (nucleus) of an intervertebraldisc and contour to the vertebral bones. Nucleus devices are generallysmaller than devices used as a total disc prosthesis. Nucleus devicesoften are single parts lacking mechanisms. Fixation generally is notused and the device typically migrates within the disc space or subsidesin vertebral bones. Other dynamic devices do not have solid bearingsurface but comprise liquid or gas.

An example of a dynamic disc devices is described in U.S. Pat. No.6,419,704 to Ferree. The Ferree patent discloses an expandable discreplacement composed of a fiber reinforced sealed body.

Other devices and methods function to patch or seal a disc withoutsubstantially supporting the vertebra. Inserting these devices requiresthe removal of disc tissue. These devices are added to the annulus. Thiswidening of the annulus and the device increases the risk of contactingthe nerves of the spinal column when the disc is compressed. Still otherdevices must form a physical barrier with the annulus in order tofunction. A barrier positioned within the annulus prevents the annulusfrom healing. Still other devices change the material property of thedisc.

U.S. Pat. No. 6,805,695 to Keith et al, provides, “ . . . positioningthe implant around annular tissue.” The device must directly contact theannulus for it to function. The device is not expandable and requiresthe use of thermal energy to heat and denature the annulus changing thematerial properties of the disc.

The existing intervertebral support devices focus on substantiallyreplacing a damaged intervertebral disc.

The existing intervertebral devices widen the disc increasing thelikelihood of contacting the nerves of the spinal column whencompressed.

Inserting the existing intervertebral support devices require enlargingthe pre-existing spaced apart configuration of the pair of vertebradamaging the disc.

None of the existing intervertebral support devices focus onmanipulating to preserve a damaged intervertebral disc.

Accordingly, it would be highly desirable to provide an improved methodand apparatus to revitalize a damaged intervertebral disc.

Therefore, it is a principal object of the invention to provide animproved method and apparatus to facilitate the recovery and properfunctioning of a damaged intervertebral disc.

A further object of the invention is to provide an improved method forinserting an intervertebral device in a disc without requiring surgicalseparation of adjacent vertebra and with minimal damage to the disc andvertebra.

Another object of the invention is to align properly the spine and tofacilitate proper functioning of the discs in the spine.

Still a further object of the invention is to provide an improved methodand apparatus for penetrating hard and soft tissue while minimizing therisk of injury to the tissue.

These and other, further and more specific objects and advantages of theinvention will be apparent from the following detailed description ofthe invention, taken in conjunction with the drawings, in which:

FIG. 1 is a perspective view illustrating an intervertebral deviceconstructed in accordance with the principles of the invention;

FIG. 1A is a perspective view of a tool that can be utilized in thepractice of the invention;

FIG. 2 is a perspective-partial section view of the device of FIG. 1illustrating additional construction details thereof;

FIG. 3 is an exploded view of certain components of the device of FIG.1:

FIG. 4 is a perspective view further illustrating the device of FIG. 1;

FIG. 5 is a perspective view of the device of FIG. 1 illustratingcertain components in ghost outline;

FIG. 6 is a top view illustrating the insertion of the device of FIG. 1in an intervertebral disc adjacent the spinal column;

FIG. 7 is a side elevation view further illustrating the insertion ofthe device of FIG. 1 in the spinal column;

FIG. 8 is a top view illustrating a damaged intervertebral disc with aportion thereof bulging and pressing against the spinal column;

FIG. 9 is a top view illustrating the disc of FIG. 8 manipulated with adevice constructed in accordance with the invention to alter the shapeand dimension of the disc to revitalize the disc and take pressure offthe spinal column;

FIG. 10 is a top view illustrating the disc of FIG. 8 manipulated withan alternate device constructed in accordance with the invention toalter the shape and dimension of the disc to revitalize the disc andtake pressure off the spinal column;

FIG. 11 is a top view illustrating the disc of FIG. 8 manipulated inaccordance with the invention to alter the shape of the disc from anormal “C-shape” to an oval shape;

FIG. 12 is a side elevation view illustrating a bulging discintermediate a pair of vertebrae;

FIG. 13 is a side elevation view illustrating the disc and vertebrae ofFIG. 12 after internal traction;

FIG. 14 is a side elevation view illustrating a rubber band or stringthat has a bulge similar to the bulge formed in a intervertebral disc;

FIG. 15 is a side elevation view illustrating the rubber band of FIG. 14after it has been tensioned to remove the bulge;

FIG. 16 is a perspective view illustrating spring apparatus inaccordance with an alternate embodiment of the invention;

FIG. 17 is a front elevation view illustrating the embodiment of theinvention of FIG. 16;

FIG. 18 is a perspective view illustrating an insertion member utilizedto implant the spring apparatus of FIG. 16 in a spinal disc;

FIG. 19 is a top view illustrating the insertion member of FIG. 18 afterthe spring apparatus is implant in a spinal disc;

FIG. 20 is a top view of a portion of a spinal column illustrating thespring of FIG. 16 inserted in a disc;

FIG. 21 is a perspective view illustrating a spring apparatusconstructed in accordance with a further embodiment of the invention;

FIG. 22 is a perspective view illustrating a spring apparatusconstructed in accordance with another embodiment of the invention;

FIG. 23 is a side section view illustrating the mode of operation of thespring apparatus of FIG. 21 when interposed between an opposing pair ofvertebra in a spinal column;

FIG. 24 is a side view further illustrating the mode of operation of thespring apparatus of FIG. 21 when compressed between an opposing pair ofvertebra in a spinal column;

FIG. 25 is a perspective view illustrating still another springapparatus constructed in accordance with the invention;

FIG. 26 is a side section view of a portion of the spring apparatus ofFIG. 25 illustrating the mode of operation thereof;

FIG. 27 is a side section view of a portion of the spring apparatus ofFIG. 25 further illustrating the mode of operation thereof;

FIG. 28 is a perspective view illustrating a constant force coil leafspring used in still a further embodiment of the invention;

FIG. 29 is a side view illustrating the mode of operation of a constantforce spring inserted between an opposing pair of vertebra;

FIG. 30 is a side section view illustrating still another embodiment ofthe spring apparatus of the invention;

FIG. 30A is a front perspective view of the spring apparatus of FIG. 30;

FIG. 31 is a side section view illustrating the mode of operation of thespring apparatus of FIG. 30;

FIG. 31A is a front perspective view of the spring apparatus of FIG. 31;

FIG. 32 is a perspective view illustrating the manufacture of the springapparatus of FIG. 16; and, FIG. 33 is a perspective view illustrating aspring apparatus producing in accordance with the manufacturing processillustrating in FIG. 32.

FIG. 34 is a perspective view illustrating the general relationship ofthe spine and anatomical planes of the body;

FIG. 35 is a perspective view illustrating the use of apparatus to pivotin one rotational direction one member with respect to another adjacentmember;

FIG. 36 is a perspective view illustrating the use of the apparatus ofFIG. 35 to pivot in one rotational direction one vertebra with respectto an adjacent vertebra;

FIG. 37 is a perspective view illustrating the use of apparatus to pivotin at least two rotational directions one member with respect to anotheradjacent;

FIG. 38 is a perspective view illustrating the use of the apparatus ofFIG. 37 to pivot in at least two rotational directions one vertebra withrespect to an adjacent vertebra;

FIG. 39 is a perspective view illustrating the use of apparatus to pivotin at least two rotational directions and to rotate one member withrespect to another adjacent member;

FIG. 40 is a perspective view illustrating the use of the apparatus ofFIG. 39 to pivot in at least two rotational directions and to rotate onevertebra with respect to an adjacent vertebra;

FIG. 41 is a side elevation view of a portion of a spine illustratingprincipal nerves that exit the spine;

FIG. 42 is a side view illustrating an instrument constructed inaccordance with the principles of the invention to minimize the risk ofinjury to soft tissue and hard tissue while producing an opening in thehard tissue;

FIG. 43 is a front view of a portion of a spine illustrating theinsertion along a wire of an instrument constructed in accordance withthe invention;

FIG. 44 is a top view illustrating the mode of operation of theinstrument of FIG. 42;

FIG. 45 is a front view further illustrating the mode of operation ofthe instrument of FIG. 42;

FIG. 46 is a top view illustrating an instrument construction that is tobe avoided in the practice of the invention;

FIG. 46A is a section view illustrating the instrument of FIG. 46 andtaken along section line 46A-46A;

FIG. 47 is a top view illustrating an instrument construction that canbe utilized in the practice of the invention;

FIG. 47A is a section view illustrating the instrument of FIG. 47 andtaken along section line 47A-47A;

FIG. 47B is a top view illustrating another instrument constructed inaccordance with the invention;

FIG. 47C is a side view illustrating the instrument of FIG. 47B;

FIG. 47D is a top view illustrating a further instrument constructed inaccordance with the invention;

FIG. 47E is a perspective view illustrating the mode of operation of theinstrument of FIG. 47D;

FIG. 48 is a top view illustrating another instrument construction thatcan be utilized in accordance with the invention;

FIG. 48A is a section view illustrating the instrument of FIG. 48 andtaken along section line 48A-48A;

FIG. 49 is a top view illustrating a further instrument constructionthat can be utilized in the invention;

FIG. 49A is a section view illustrating the instrument of FIG. 49 andtaken along section line 49A-49A;

FIG. 50 is a top view further illustrating the insertion of theinstrument of FIG. 43 in an intervertebral disc along a wire;

FIG. 51 is a side view further illustrating the instrument of FIG. 43;

FIG. 52 is a side view of an instrument that functions both to producean opening in hard tissue and to insert an implant once the opening hasbeen produced;

FIG. 53 is a side view illustrating the apex of a misaligned spine;

FIG. 54 is a side view illustrating the apex of another misalignedspine;

FIG. 55 is an end view illustrating an intervertebral implant;

FIG. 56 is a side view illustrating the implant of FIG. 55;

FIG. 57 is a top view illustrating an intervertebral implant;

FIG. 58 is a front view illustrating the implant of FIG. 57;

FIG. 59 is a bottom view illustrating the implant of FIG. 57;

FIG. 60 is a side view illustrating the implant of FIG. 57;

FIG. 61 is a back view of the implant of FIG. 57;

FIG. 62 is a top view illustrating an intervertebral implant;

FIG. 63 is a side view illustrating the implant of FIG. 62;

FIG. 64 is a bottom view illustrating the implant of FIG. 62;

FIG. 65 is a back view illustrating the implant of FIG. 62;

FIG. 66 is a section view illustrating the implant of FIG. 63 and takenalong section line a-a in FIG. 63;

FIG. 67 is a top perspective view illustrating the implant of FIG. 62;

FIG. 68 is a bottom perspective view illustrating the implant of FIG.62;

FIG. 69 is a bottom view illustrating an intervertebral implant;

FIG. 70 is a left hand side view illustrating the implant of FIG. 69;

FIG. 71 is a right hand side view illustrating the implant of FIG. 69;

FIG. 72 is a top view illustrating the implant of FIG. 69;

FIG. 73 is a perspective view illustrating an intervertebral implanthaving an aperture formed therethrough to receive slidably a guide wire;

FIG. 74 is a top view illustrating the implant of FIG. 73;

FIG. 75 is a side view illustrating the implant of FIG. 73;

FIG. 76 is an end view illustrating the implant of FIG. 73;

FIG. 77 is a perspective view illustrating an intervertebral implant;

FIG. 78 is a side view illustrating the implant of FIG. 77;

FIG. 79 is a top view illustrating the implant of FIG. 77;

FIG. 80 is an end view illustrating the implant of FIG. 77;

FIG. 81 is a side view illustrating an intervertebral implant;

FIG. 82 is an end view illustrating the implant of FIG. 81;

FIG. 83 is a top view illustrating the implant of FIG. 81;

FIG. 84 is a perspective view illustrating the implant of FIG. 81;

FIG. 85 is a back view illustrating the implant of FIG. 81;

FIG. 86 is a perspective view illustrating an intervertebral implant;

FIG. 87 is a side view of the implant of FIG. 86;

FIG. 88 is a perspective view illustrating an intervertebral implant;

FIG. 89 is a side view of the implant of FIG. 88;

FIG. 90 is an exploded perspective view illustrating an intervertebralimplant;

FIG. 91 is a side view illustrating a unitary intervertebral implant;

FIG. 92 is an end view illustrating the implant of FIG. 91;

FIG. 93 is a side view illustrating a unitary intervertebral implant;

FIG. 94 is a left hand end view illustrating the implant of FIG. 93;

FIG. 95 is a perspective view illustrating a portion of an articulatingintervertebral implant;

FIG. 96 is a back view illustrating the implant portion of FIG. 95;

FIG. 97 is a top view illustrating the implant portion of FIG. 95;

FIG. 98 is an end view illustrating the implant portion of FIG. 95;

FIG. 99 is a side view illustrating the implant portion of FIG. 95;

FIG. 100 is a perspective view illustrating a unitary intervertebralimplant;

FIG. 101 is an end view illustrating the implant of FIG. 100;

FIG. 102 is a side view illustrating the implant of FIG. 100;

FIG. 103 is a side view illustrating an intervertebral implant;

FIG. 104 is an end view illustrating the implant of FIG. 103;

FIG. 105 is a perspective view illustrating an intervertebral implant;

FIG. 106 is a side view illustrating the implant of FIG. 105;

FIG. 107 is a top view illustrating the implant of FIG. 105;

FIG. 108 is an end view illustrating the implant of FIG. 105;

FIG. 109 is a front view illustrating the implant of FIG. 105;

FIG. 110 is a top view illustrating an articulating intervertebralimplant;

FIG. 111 is a side view illustrating the implant of FIG. 110 inalignment to slide down a guide wire;

FIG. 112 is a top section view of the implant of FIG. 110 illustratinginternal construction details thereof;

FIG. 113 is perspective view illustrating a unitary intervertebralimplant;

FIG. 114 is a side view illustrating the implant of FIG. 113;

FIG. 115 is a top view illustrating the implant of FIG. 113;

FIG. 116 is an end view illustrating the implant of FIG. 113;

FIG. 117 is a perspective view illustrating a unitary intervertebralimplant;

FIG. 118 is a side view illustrating the implant of FIG. 117;

FIG. 119 is a top view illustrating the implant of FIG. 117;

FIG. 120 is an end view illustrating the implant of FIG. 117;

FIG. 121 is a perspective view illustrating an unitary intervertebralimplant;

FIG. 122 is a top view illustrating the implant of FIG. 121;

FIG. 123 is a side view of the implant of FIG. 122;

FIG. 124 is an end view illustrating the implant of FIG. 123;

FIG. 125 is a perspective view illustrating an intervertebral implant;

FIG. 126 is a top view illustrating the implant of FIG. 125;

FIG. 127 is a side view illustrating the implant of FIG. 125;

FIG. 128 is a left hand side view illustrating the implant of FIG. 127;

FIG. 129 is a right hand side view illustrating the implant of FIG. 127;

FIG. 130 is an exploded ghost view further illustrating the implant ofFIGS. 57 to 61;

FIG. 131 is a perspective view illustrating a component of the implantof FIG. 130;

FIG. 132 is a top view illustrating the component of FIG. 131;

FIG. 133 is a section view further illustrating the component of FIG.132 and taken along section line A-A thereof;

FIG. 134 is a front view illustrating the component of FIG. 132;

FIG. 135 is a side view illustrating the component of FIG. 134;

FIG. 136 is a bottom view of the component of FIG. 134;

FIG. 137 is a perspective view illustrating a component of the implantof FIG. 130;

FIG. 138 is a side view illustrating the component of FIG. 137;

FIG. 139 is a front view illustrating the component of FIG. 138;

FIG. 140 is a bottom view illustrating the component of FIG. 138;

FIG. 141 is a bottom perspective view illustrating a component of theimplant of FIG. 130;

FIG. 142 front view illustrating the component of FIG. 141 inverted;

FIG.143 is a side view illustrating the component of FIG. 142;

FIG. 144 is a section view illustrating the component of FIG. 143 andtaken along section line A-A thereof;

FIG. 145 is a bottom view illustrating the component of FIG. 142;

FIG. 146 is a front view illustrating a component of the implant of FIG.130;

FIG. 147 is a top view illustrating the component of FIG. 146;

FIG. 148 is a side view illustrating the component of FIG. 146;

FIG. 149 is a perspective view illustrating the implant of FIG. 130assembled and illustrating the mode of operation thereof;

FIG. 150 is a side view illustrating another implant constructed inaccordance with the invention;

FIG. 151 is a top view illustrating the implant of FIG. 150;

FIG. 152 is an end view illustrating the implant of FIG. 151;

FIG. 153 is a perspective view illustrating the rocker component of theimplant of FIG. 150;

FIG. 154 is a side view illustrating the rocker component of FIG. 153;

FIG. 155 is a bottom view illustrating the rocker component of FIG. 154;

FIG. 156 is a front view illustrating the rocker component of FIG. 154;

FIG. 157 is a perspective view illustrating the base component of theimplant of FIG. 150;

FIG. 158 is a top view illustrating the base component of FIG. 150;

FIG. 159 is an end view illustrating the base component of FIG. 158;

FIG. 160 is a side view illustrating the base component of FIG. 158;

FIG. 161 is a top view illustrating a further implant, which implant issimilar to the implant of FIG. 150;

FIG. 162 is a side view of the implant of FIG. 161;

FIG. 163 is a side view rotated ninety degrees clockwise of the implantof FIG. 161;

FIG. 164 is a perspective view illustrating still another intervertebralimplant;

FIG. 165 is a perspective view illustrating still a furtherintervertebral implant constructed in accordance with the invention todisplace transversely one spinal vertebra with respect to an adjacentspinal vertebra;

FIG. 166 is a top view illustrating the implant of FIG. 165;

FIG. 167 is an end view rotated ninety degrees clockwise illustratingthe implant of FIG. 166;

FIG. 168 is a side view illustrating the implant of FIG. 167;

FIG. 169 is a bottom view illustrating the implant of FIG. 167;

FIG. 170 is an exploded ghost view illustrating further constructiondetails of the implant of FIG. 165;

FIG. 171 is a perspective ghost view illustrating the implant of FIG.165 and the mode of operation thereof;

FIG. 172 is a perspective view illustrating yet another implant;

FIG. 173 is bottom view illustrating the implant of FIG. 172;

FIG. 174 is a back or rear view rotated ninety degrees clockwiseillustrating the implant of FIG. 173;

FIG. 175 is a front end view rotated ninety degrees counterclockwiseillustrating the implant of FIG. 173;

FIG. 176 is a side view illustrating the implant of FIG. 173;

FIG. 177 is a perspective view illustrating the mode of operation of theimplant of FIG. 173;

FIG. 178 is a perspective view illustrating an instrument constructed inaccordance with the invention;

FIG. 179 is a perspective view illustrating the mode of operation of theinstrument;

FIG. 180 is a perspective view illustrating a floating implantconstructed in accordance with the invention;

FIG. 181 is an end view further illustrating the implant of FIG. 180;

FIG. 182 is a top view further illustrating the implant of FIG. 180;

FIG. 183 is a side view of the implant of FIG. 180 illustratingadditional construction details thereof; and,

FIG. 184 is a perspective exploded view of an orthogonal implant systemconstructed in accordance with the invention.

Briefly, in accordance with the invention, provided is an improvedmethod to manipulate a damaged intervertebral disc to improve thefunctioning of the disc. The disc includes an annulus. The methodcomprises the steps of providing a device to alter, when inserted in thedisc, the shape and dimension of the disc; and, inserting the device inthe disc to alter said shape and dimension of the disc. The disc isintermediate a first and a second vertebra. The first vertebra has abottom adjacent the disc and the second vertebra has a top adjacent thedisc. The device alters the shape and dimension of the disc by internaltraction to increase the height (H) of the disc along an axis (G)generally normal to the bottom of the first vertebra and the top of thesecond vertebra. The device can also alter the shape and dimension ofthe disc by internal traction to decrease the width (W) of the disc. Thedevice can further alter the shape and dimension of the disc by internaltraction changing the pressure in the disc.

In another embodiment of the invention, provided is an improved methodfor inserting a device to improve in an individual's body thefunctioning of a damaged intervertebral disc, including an annulus,between a pair of vertebra, the body having a front, a first side, asecond side, and a back. The disc includes a front portion facing thefront of the body, side portions each facing a side of the body, and aback portion facing the back of the body. The vertebrae are in apre-existing spaced apart configuration with respect to each other. Theimproved method comprises the steps of forming an opening in the discbetween the pair of vertebrae, and in one of a group consisting of theside portions of the disc, the front portion of the disc, and the backportion of the disc; providing a support device shaped and dimensionedto fit through the opening in the disc; and, inserting the supportdevice through the opening in the disc without enlarging thepre-existing spaced apart configuration of the pair of vertebrae.

In a further embodiment of the invention, provided is an improved methodinserting a device to improve in an individual's body the functioning ofa damaged intervertebral disc, including an annulus, between a pair ofvertebrae. The individual's body has a front, a first side, a secondside, and a back. The disc includes a front portion facing the front ofthe body, side portions each facing a side of the body, a back portionfacing the back of the body, and a pre-existing rupture. The vertebraeare in a pre-existing spaced apart configuration with respect to eachother. The method comprises the steps of providing a support deviceshaped and dimensioned to fit through the pre-existing rupture in thedisc; and, inserting the support device through the pre-existing rupturein the disc without enlarging the pre-existing spaced apartconfiguration of the pair of vertebrae.

In a still further embodiment of the invention, provided is an improvedmethod to manipulate a damaged intervertebral disc to improve thefunctioning of the disc. The disc includes an annulus. The improvedmethod comprises the step of inserting a device in the disc, the deviceoperable to apply a force to the disc. The method also comprises thestep of operating the device to apply a force to the disc.

In still another embodiment of the invention, provided is an improvedmethod to improve the functioning of a damaged intervertebral discpositioned between, contacting, and separating a pair of vertebrae. Thedisc includes an annulus. The method comprises the steps of providing adevice shaped and dimensioned when inserted in the disc to contact eachof the vertebrae, and operable in response to movement of the vertebraeto permit simultaneous polyaxial movement of the vertebrae and saiddevice; and, inserting the device in the disc to contact each of thevertebrae.

In a further embodiment of the invention, provided is an improvedapparatus for disposition between first and second opposing vertebrae.The first vertebra is canted with respect to the second vertebra. Theapparatus is shaped and dimensioned to generate a force to change thecant of the first vertebra with respect to the second vertebra.

In another embodiment of the invention, provided is improved apparatusfor disposition between first and second opposing vertebrae. The firstvertebra is rotated about a vertical axis from a first desired positionto a second misaligned position. The apparatus is shaped and dimensionedto generate a force to rotate said first vertebra from the secondmisaligned position toward the first desired position.

In another embodiment of the invention, provided is an apparatus tomanipulate an intervertebral disc to improve the functioning of thedisc, the disc including an annulus, between a pair of vertebra,comprising a device configured when inserted in the disc to contact thevertebra, and operable in response to movement of the vertebra to changethe shape of the disc.

In another embodiment of the invention, provided is an apparatus tomanipulate an intervertebral disc to improve the functioning of thedisc, said apparatus shaped and dimensioned such that when saidapparatus is inserted in the disc and compressed between a pair ofvertebra, said apparatus gathers at least a portion of the disc tooffset at least in part expansive forces acting on the disc. Theapparatus can be unitary; can roll over at least one of the vertebrawhen compressed between the vertebra; can slide over at least a portionof one of the vertebra when compressed between the vertebra; canlengthen inwardly when compressed between the vertebra; can coilinwardly when compressed between the vertebra; and, can fixedly engageat least one of the vertebra when compressed.

In another embodiment of the invention, provide is an apparatus tomanipulate an intervertebral disc to improve the functioning of thedisc, said apparatus shaped and dimensioned such that when saidapparatus is inserted in the disc and compressed between a pair ofvertebra, at least a portion of said apparatus moves away from theperiphery of the disc.

In another embodiment of the invention, provided is an improved methodto manipulate an intervertebral disc to improve the functioning of thedisc, the disc including an annulus, between a pair of vertebra. Themethod comprises the steps of providing a device shaped and dimensionedwhen inserted in the disc to contact the vertebra, and operable inresponse to movement of the vertebra to change the shape of the disc;and, inserting said device in the disc to change the shape of the disc.

In another embodiment of the invention, provided is an improved methodto manipulate an intervertebral disc to improve the functioning of thedisc. The method comprises the steps of providing an apparatus shapedand dimensioned when inserted in the disc and compressed between a pairof vertebra to gather at least a portion of the disc to offset at leastin part expansive forces acting on the disc; and, inserting theapparatus in the disc to gather said portion of the disc when theapparatus is compressed between a pair of the vertebra. The apparatuscan be unitary; can roll over at least one of the vertebra whencompressed between the vertebra; can slide over at least a portion ofone of the vertebra when compressed between the vertebra; can lengtheninwardly when compressed between the vertebra; can coil inwardly whencompressed between the vertebra; and, can fixedly engage at least one ofthe vertebra when compressed.

In a further embodiment of the invention, provided is an improved methodto manipulate an intervertebral disc to improve the functioning of thedisc. The disc includes a periphery. The method comprises the steps ofproviding an apparatus shaped and dimensioned when inserted in the discand compressed between a pair of vertebra to move at least a portion ofthe apparatus away from the periphery of the disc; and, inserting theapparatus in the disc to move said portion of said apparatus when theapparatus is compressed between a pair of said vertebra.

In another embodiment of the invention, provided is an improved methodfor inserting a device to improve in an individual's body thefunctioning of an intervertebral disc, including an annulus, between apair of vertebra, the body having a front, a first side, a second side,and a back. The disc includes a front portion facing the front of thebody, side portions each facing a side of the body, and a back portionfacing the back of the body. The improved method comprises the steps offorming an opening in the disc between the pair of vertebrae, and in oneof a group consisting of the side portions of the disc, the frontportion of the disc, and the back portion of the disc; providing adevice shaped and dimensioned to fit through the opening in the disc;and, inserting the device through the opening in the disc and retainingsubstantially all of the disc.

In a further embodiment of the invention, provided is an improved methodfor inserting a device to improve in an individual's body thefunctioning of an intervertebral disc, including an annulus, between apair of vertebrae. The individual's body has a front, a first side, asecond side, and a back. The disc includes a front portion facing thefront of the body, side portions each facing a side of the body, a backportion facing the back of the body, and a pre-existing rupture. Themethod comprises the steps of providing a device shaped and dimensionedto fit through the pre-existing rupture in the disc; and, inserting thedevice through the pre-existing rupture in the disc and retainingsubstantially all of the disc.

Provided in another embodiment of the invention is an improved method toseparate tissue. The improved method comprises the steps of providing aninstrument shaped and dimensioned to oscillate within tissue aroundnerves and vasculature; and, oscillating the instrument within tissuearound nerves and vasculature.

In another embodiment of the invention, provided is an improved methodto form an opening in an intervertebral disc. The method comprises thesteps of providing an instrument shaped and dimensioned to oscillatewithin the intervertebral disc; and, oscillating the instrument withinan intervertebral disc.

In a further embodiment of the invention, provided is an improved methodto widen an opening in an intervertebral disc. The method comprises thesteps of providing an instrument shaped and dimensioned to oscillatewithin the intervertebral disc; and, oscillating the instrument withinthe intervertebral disc.

In still another embodiment of the invention, provided is an improvedmethod for forming an opening in hard tissue while minimizing the riskof injury to principal vasculature and nerves. The method comprises thesteps of providing an instrument with a distal end shaped anddimensioned to penetrate, when oscillated in and out, soft tissue; and,shaped and dimensioned, when contacting a principal vasculature ornerve, to prevent said distal end from cutting or piercing the principalvasculature or nerve, and to enable the distal end to move past theprincipal vasculature or nerve. The distal end moves past the principalvasculature or nerve by being oscillated in directions toward and awayfrom the vessel, and by being laterally displaced. When the distal endcontacts and is impeded by the principal vasculature or nerve, aresistance to movement of the distal end is generated that, along withthe location of the distal end, indicates that the distal end hascontacted the principal vasculature or nerve. The method also comprisesthe steps of oscillating the distal end to pass through the soft tissue;of, when contacting the principal vasculature or nerve, laterallydisplacing and oscillating the distal end to move the distal end pastthe principal vasculature or nerve; and, of contacting the hard tissueand oscillating the distal end against the hard tissue to form anopening therein.

In still a further embodiment of the invention, provided is an improvedmethod for forming an opening in hard tissue. The method comprises thesteps of providing an instrument with a distal end shaped anddimensioned to penetrate, when oscillated in and out, soft tissue andhard tissue; of oscillating the distal end to pass through the softtissue to contact the hard tissue; and, of oscillating the distal endagainst the hard tissue to form an opening therein.

In yet another embodiment of the invention, provided is an improvedmethod for detecting principal vasculature and nerves. The improvedmethod comprises the steps of providing an instrument with a distal end.The distal end is shaped and dimensioned to penetrate, when oscillatedin and out, soft tissue; and, when contacting a principalcirculatory/neural vessel, to prevent the distal end from cutting orpiercing the principle circulatory/neural vessel. When the distal endcontacts and is impeded by a principal vasculature or nerve, aresistance is generated that indicates that the distal end has contacteda principal circulatory/neural vessel. The method also comprises thestep of oscillating the distal end to pass through the soft tissue untilthe resistance indicates that the distal end is contacting a principlecirculatory/neural vessel.

In yet a further embodiment of the invention, provided is an improvedapparatus for forming an opening in hard tissue. The apparatus comprisesan instrument with a tissue contacting rounded distal end shaped anddimensioned to penetrate, when oscillated, hard tissue. The distal endcan be shaped and dimensioned, when contacting a principal vasculatureor nerve, to prevent the distal end from cutting or piercing theprincipal vasculature or nerve, and to enable the distal end to movepast the principal vasculature or nerve.

In yet still another embodiment of the invention, provided is animproved method of passing an implant through tissue to anintervertebral disc location. The method comprises the steps ofproviding an elongate guide unit; providing an implant structure shapedand dimensioned to pass through tissue and move along the guide unit;and, moving the implant structure through tissue along the guide unit tothe intervertebral disc location.

In another embodiment of the invention, provided is an improved methodto treat a misaligned spine. The method comprises the steps of providingan implant shaped and dimensioned to slide down a guide wire to aselected position intermediate a pair of vertebra to contact and alterthe alignment of said vertebra; and, sliding the implant down a guidewire to the selected position.

In a further embodiment of the invention, provided is an improved methodto treat a misaligned spine. The method comprises the steps of providinga guide member; providing an articulated implant shaped and dimensionedto slide down and off the guide member in a first orientation to a firstselected position intermediate a pair of vertebra, to articulate to asecond orientation and be pushed along a path of travel to a secondselected position intermediate the pair of vertebra; sliding the implantdown the guide member to the first selected position; and, pushing theimplant in the second orientation along the path of travel to the secondselected position.

In still another embodiment of the invention, provided is an improvedmethod to insert an implant intermediate a pair of vertebra. The methodcomprises the steps of providing an articulated implant shaped anddimensioned to be pushed along an arcuate path of travel to a selectedposition intermediate the pair of vertebra; inserting the implantintermediate the pair of vertebra; and, pushing the implant along thearcuate path of travel to the second selected position.

In still a further embodiment of the invention, provided is an improvedmethod to insert an implant intermediate a pair of vertebra. The methodcomprises the steps of providing a guide wire having a distal end;providing a spinal implant shaped and dimensioned to slide along saidguide wire to a selected position intermediate the pair of vertebra;inserting the guide wire to position the distal end adjacent the pair ofvertebra; sliding the spinal implant along the guide wire to theselected position; and, removing the guide wire.

In yet still another embodiment of the invention, provided is animproved method to treat a misaligned spine. The method comprises thesteps of determining the apex of the misaligned spine; selecting anadjacent pair of vertebra, at least one of the pair of vertebra beinglocated at the apex; determining at least one direction in which to moveat least one of the pair of vertebra to correct at least partially themisalignment of the spine; determining a spinal implant shape anddimension to achieve movement of the at least one of the pair ofvertebra to correct at least partially misalignment of the spine;providing a selected spinal implant having the shape and dimension;determining a location intermediate the adjacent pair of vertebra atwhich to position the selected spinal implant to achieve the movement ofthe at least one of the pair of vertebra; and, inserting the selectedspinal implant at the location.

In yet still a further embodiment of the invention, provided is animproved method to alter the alignment of a vertebra. The improvedmethod comprises the steps of identifying a disc space location adjacentthe vertebra; identifying a spinal implant shape and dimension togenerate a force acting from the disc space to alter alignment of thevertebra; providing a selected spinal implant having the shape anddimension; and, inserting the selected spinal implant in the disc space.

In another embodiment of the invention, provided is an improved methodfor inserting an implant. The method comprises the steps of providing animplant; providing a guide member shaped and dimensioned to permit theimplant to move along the guide member without rotating on the guidemember; and, moving the implant along the guide member to a selectedlocation in a patient's body.

In a further embodiment of the invention, provided is an improved methodfor fixing an implant adjacent tissue in the body of a patient. Themethod comprises the steps of forming an implant with an outer surfacehaving at least one opening that expands in size as the distance fromthe outer surface into the opening increases; and, inserting the implantadjacent viscoelastic tissue in the body to permit the tissue to moveinto the opening and expand inside the opening.

In still another embodiment of the invention, provided is an improvedmethod to align vertebrae. The method includes the steps of providing animplant that aligns a pair of adjacent vertebra and permits movement ofthe pair of adjacent vertebra while, to protect the facets of saidvertebrae, minimizing rotation of one of the vertebra with respect tothe other of the vertebra; and, inserting the implant between the pairof vertebra to engage each of the pair of vertebra, alter the alignmentof the vertebrae, permit movement of the vertebrae, and minimizerotation of one of the vertebrae with respect to the other of thevertebrae. The rotation of one of the vertebra about the longitudinalaxis of the spine with respect to the other of the vertebra is limitedby the implant to fifteen degrees or less, preferably ten degrees orless, and most preferably five degrees or less. If desired, the implantcan restrict rotation of one of the vertebra about the longitudinal axisof the spine with respect to the other of the vertebra to three degreesor less.

In still a further embodiment of the invention, provided is an improvedmethod to insert an implant having at least one moving component. Themethod comprises the steps of providing a guide member to engage andinsert the implant while immobilizing the moving component, and once theimplant is inserted, to disengage from the implant and permit the movingcomponent to move; engaging the implant with the guide member toimmobilize the moving component; inserting the implant with the guidemember; and, disengaging the guide member from the implant to permitmovement of the moving component.

In yet still another embodiment of the invention, provided is animproved method to alter the alignment of the spine. The methodcomprises the steps of providing an implant shaped and dimensioned toengage each one of an adjacent pair of vertebra and including at leastone displaceable member to translate laterally at least one of the pairwith respect to the other of the pair; inserting the implantintermediate the pair of vertebra to engage each of the pair; and,displacing the member to translate laterally at least one of the pair.

In yet still a further embodiment of the invention, provided is a methodto position a pair of opposing tissue surfaces. The method comprises thesteps of providing an implant comprised of at least an upper and a lowerarcuate concave surface, the surfaces each contacting a different one ofsaid tissue surfaces to space apart the surfaces; and, inserting theimplant intermediate the opposing tissue surfaces.

In another embodiment of the invention, provided is a method to form anopening within the body. The method comprises the steps of providing aninstrument with a distal end shaped and dimensioned to be manipulated topass through tissue to a selected location within the body, and, housinga deployable instrument to make an opening; manipulating the distal endto pass through tissue to the selected location; deploying theinstrument; and making an opening.

In a further embodiment of the invention, provided is a method to fix animplant to at least one tissue surface. The method comprises the stepsof providing an implant having a surface and at least one opening formedin the surface and increasing in width as the distance from the surfaceincreases; packing the opening with a composition; and, inserting theimplant adjacent the tissue surface such that the composition contactsthe tissue surface.

In still another embodiment of the invention, provided is an improvedmethod to fix an implant to at least one tissue surface. The methodcomprises the steps of providing an implant having a surface and an armextending outwardly from the surface and shaped and dimensioned topenetrate and interlock with the tissue surface; and, inserting theimplant adjacent the tissue surface such that the arm penetrates andinterlocks with the tissue surface.

In still a further embodiment of the invention, provided is an improvedmethod of passing an implant through tissue to a location intermediate apair of opposing joint members. The method comprises the steps ofproviding an elongate guide unit; providing an implant structure shapedand dimensioned to pass through tissue and move along the guide unit;and, moving the implant structure through tissue along the guide unit tothe location intermediate the joint members. The guide unit and implantcan be shaped and dimensioned such that the guide unit can preventsrotation of the implant about the longitudinal axis of the guide unit.

Turning now to the drawings, which depict the presently preferredembodiments of the invention for the purpose of illustrating thepractice thereof and not by way of limitation of the scope of theinvention, and in which like reference characters refer to correspondingelements throughout the several views, FIGS. 1 to 5 illustrate a discrevitalization device constructed in accordance with the principles ofthe invention and generally indicated by reference character 100.

Disc revitalization device 100 includes a housing having an uppergenerally semi-oval member 42 and a lower generally semi-oval member 41.Shaft 59 is mounted on and inside the housing. The head 30 of shaft 59includes an hex opening or indent 31A shaped to contour to and receiveslidably the hexagonally shaped end of an elongate tool used to turn thehead 30 of shaft 59. Unitary master cam 10 is fixedly secured to thecenter of shaft 59, along with externally threaded member 57 andexternally threaded member 58. Member 57 is received by an internallythreaded aperture in member 42A. Member 58 is received by an internallythreaded aperture in member 43A. Conical members 42A and 43A each have atruncated conical exterior shape and have inner cylindrical openingsthat can slide along shaft 59 in the directions indicated by arrows Band C, respectively, when members 57, 58 rotate and displace members42A, 43A along shaft 59. Members 57 and 58 are oppositely threaded suchthat when shaft 59 is turned in the direction of arrow A, member 57turns inside conical member 42A and slidably displaces member 42A alongshaft 59 in the direction of arrow B, and, member 58 turns insideconical member 43A and slidably displaces members 43A along shaft 59 inthe direction of arrow C.

When members 42A and 43A are slidably displaced along shaft 59 in thedirection of arrows B and C, respectively, the outer conical surfaces ofmembers 42A and 43A slide over the arcuate inner surface 11B and 11C ofarcuate shells 11 and 11A, respectively, and displace shell 11 upwardlyaway from shaft 59 in the direction of arrows D and E and shell 11Adownwardly away from shaft 59 in directions X and Y opposite thedirections indicated by arrows D and E.

Teeth or pins 12 depend outwardly from base 12A (FIG. 2) and are shownin the retracted position in FIGS. 2 and 4. Base 12A is mounted insideshell 11 beneath and within the head 56 of shell 11. Wave spring 13contacts an undersurface of head 56 and downwardly displaces base 12Aaway from the head 56. Spring 13 therefore functions to maintain teeth12 housed and retracted in openings 12B. Openings 12B extend throughhead 56. When teeth 12 are in the retracted position illustrated in FIG.2, edge 88 of master cam 10 is in the position illustrated in FIG. 2such that rib 53 engages slot 80 on the bottom of base 12A and preventsbase 12A (and shell 11) from moving laterally in the directionsindicated by arrows J and K in FIG. 2. When, however, a hex tool is usedto rotate head 30 and shaft 59 in the direction of arrow A, master cam10 rotates simultaneously with shaft 59 in the direction of arrow M(FIG. 1) until rib 53 turns completely out of slot 80 and smooth camsurface 54 engages and slidably contours to the arcuate bottom 12C ofbase 12A. When surface 54 engages bottom 12C, surface 54 is flush withadjacent portions of the conical outer surfaces of members 42A and 43Asuch that bottom 12C of base 12A and bottom 11B of shell 11 are free toslide laterally in the directions of arrows B and C over surface 54 andthe outer conical surfaces of members 42A and 43A, and such that bottom12C of base 12A and bottom 11B of shell 11 are free to rotate or slidein the direction of arrow M (FIG. 1) and in a direction opposite that ofarrow M over surface 54 and the outer conical surfaces of members 42Aand 43A. This ability of shell 11 and base 12A to move bidirectionallyor multidirectionally (i.e., to move polyaxially) by sliding laterally(in the direction of arrows J and K), by sliding forwardly orrotationally (in the direction of arrow M), and by sliding in directionintermediate said lateral and forward directions facilitates the abilityof device 100 to adapt to movement of a vertebra. In addition, as rib 53is turned out of and exits slot 80, cam surfaces 81 and 82 contact andslidably displace base 12A upwardly in the direction of arrow O (FIG. 2)to compress and flatten wave spring 13 and to displace teeth 12outwardly through openings 12B such that teeth 12 are in the deployedposition illustrated in FIG. 1.

As can be seen in FIG. 3, the construction of shell 11A and the base,head 56A, and teeth in shell 11A is equivalent to that of shell 11, base12A, and teeth 12.

In FIG. 3, the end of shaft 59 is slidably received by aperture 52Aformed in member 42A and interlocks with another portion of shaft 59(not visible) inside member 42A. Members 57 and 58 are not, for sake ofclarity, illustrated on shaft 59 in FIG. 3.

FIG. 6 illustrates the insertion of device 100 in a disc 50. An opening51 is formed through the annulus 50A and device 100 is inserted insidethe annulus. In FIG. 6, the size of the opening 51 is greater thannormal and is exaggerated for purposes of illustration. When device 100is inserted in disc 50, teeth 12 are retracted (FIG. 4). After device100 is inserted, the hex end of a tool (FIG. 1A) is inserted in andengages opening or indent 31A and the tool is used to turn shaft in thedirection of arrow A to outwardly displace shells 11 and 11A and todeploy teeth 12 (FIG. 1).

Another particular advantage of the invention is that in many cases itis not necessary to make an opening in disc 50 in order to insert device100. Device 100 preferably has a shape and dimension that permitinsertion through a pre-existing rupture in the annulus of a disc 50.The device can be inserted through the rupture “as is” (i.e., as therupture exists), or the rupture can, if necessary, be widenedsufficiently to permit insertion of device 100 through the rupture andannulus into the nucleus area circumscribed by the annulus. When adevice 100 is inserted through a pre-existing rupture—either byinserting device 100 through the rupture as is or by widening andincreasing the size of the rupture—it is not necessary to form anotheropening in the disc annulus.

FIG. 7 illustrates a surgical instrument 61 being utilized to insertdisc revitalization device 100 in an intervertebral disc 50 that isadjacent and intermediate an upper vertebra 77B and a lower vertebra 78Bin the spinal column of an individual 60. As would be appreciated bythose of skill in the art, individual 60 is normally in a prone positionwhen a device 100 is inserted in a disc 50.

One particular advantage of the invention is that in many cases it isnot necessary to force apart the vertebra 77B and 78B bounding a disc 50in order to insert device 100. Device 100 preferably has a shape anddimension that permits an incision to be made in disc 50 (preferablywithout cutting out a portion of disc 50) and the incision to be widenedsufficiently to insert device 100 inside the disc 50. Any desired methodcan be utilized to insert device 100 in disc 50.

One method for inserting device 100 in the interior of disc 50 isutilized to insert device 100 in the front, back, or one of the side ofa disc 50 without separating the pair of vertebra between which disc 50is sandwiched. This method may include the step of using a needle topalpate and penetrate the annulus to the center of the disc. Thestylette is removed from the needle and a guide wire is inserted untilthe tip of the wire is in the disc. The needle is removed from the guidewire. A dilator is placed on the guide wire and is used to enlarge theopening in the annulus. The wire is removed. A tube is inserted over thedilator. The dilator is removed. The device 100 is inserted through thetube into disc 50. The tube is removed. Before the tube is removed, anappropriately shaped and dimensioned tool 101 (FIG. 1A) can be insertedthrough the tube to engage and turn head 30 to outwardly displace shells11 and 11A and deploy teeth 12.

FIG. 8 illustrates a damaged disk 70 that has developed a convex bulgein portion 74 of the annulus 72. The bulge generates pressure againstthe inner portion 75 of the spinal column 71. The pressure compressesnerves in the spinal column 71, causing pain. Similar pressure againstnerve roots 77 and 78 can be generated when the annulus bulges and/orruptures and material from the nucleus 73 herniates through the ruptureand produces pressure against spinal column 71 or nerve roots 77 and 78.

FIG. 9 illustrates one procedure to relieve the pressure caused by bulge74. A disc revitalization device 76 is inserted inside the annulus 72and generates pressure against the annulus 72 in the direction of arrowsS and T that causes the annulus to lengthen in those directions. Whenthe annulus lengthens, the middle portions of the annulus tend to bedrawn in the direction of arrows R and Z, narrowing the annulus anddisplacing the convex bulge away from the portion 75 of the spinalcolumn 71. The shape and dimension of device 76 can be varied as desiredto alter the shape of annulus 72, nucleus 73, and disc 70 in any desiredmanner when device 76 is inserted in disc 70. While portions of thenucleus 73 and annulus 72 can be removed to insert device 76, it ispreferred that little, if any, of the nucleus 73 and annulus 72 beremoved during installation of device 76. The principal object of theinvention is, as much as possible, to revitalize a disc 70 so that thefunctioning of disc 70 resembles as closely as possible the functioningof a normal healthy disc, or resembles as closely as possible thefunctioning of disc 70 before it was compressed, widened, bulged,herniated, ruptured, or otherwise damaged. To achieve this object, itnormally is desirable to leave in place as much as possible of theoriginal disc material.

In FIG. 9, portion 74 has taken on a concave orientation. The disc 70 inFIG. 9 has a so-called “C-shape” generally associated with a normalhealthy disc. The C-shape of disc 70 is produced in part because of theconcave orientation of portion 74, which represents the center portionof the C-shape. One drawback of the C-shape of disc 70 is that portions72A and 72B of disc 70 are, as can be seen in FIG. 9, adjacent nerveroots 78 and 77, respectively, which makes it more likely that portions72A and 72B can, by bulging, by herniation of the nucleus through arupture, by adding materials to the annulus, by inserting devices thatwiden when compressed, or otherwise, exert undesirable pressure on nerveroots 78 and 77. The embodiment of the invention illustrated in FIG. 11minimizes the likelihood of such an occurrence.

In FIG. 11, the disk revitalization device 76 is shaped and dimensionedsuch that when device 76 is inserted in disc 70, the inner wall 73A ofannulus 72 contacts and conforms to device 76 such that disc 70 nolonger has a C-shape, but has an oval shape. The outer arcuate wall 73Dof disc 70 becomes convex along its entire length. The oval shape ofdisc 70 spaces portions 72A and 72B further away from nerve roots 78 and77 and reduces the likelihood that a bulge or hernia will contact andproduce undue pressure on roots 78 and 77. In the practice of thevarious embodiments of the invention described herein, it is notrequired that disc 70 be manipulated by a device 76 or other means totake on an oval shape, and it is not required that the normal C-shape ofa disc 70 be dispensed with. It is, however, preferred that discrevitalization device 76 manipulate a disc 70 such that the shape ofdisc 70 tends to change from the normal C-shape and become more oval, orthat at least the section of disc 70 that is adjacent spinal column 71and nerve roots 78 and 77 and that is comprised of portions 72A, 74, and72B tend to become more convex and adopt a curvature more comparable toa portion of an oval.

It is not believed necessary for a disc revitalization device to contactthe inner wall 73A of the annulus 72 of a disc 70 in order for thedevice to cause the shape of a disc to change. For example, FIG. 10illustrates a disc revitalization device 77A that is inserted in thenucleus 73 of a disc 70 and that does not contact the inner wall 73A ofthe annulus 72. Device 77A is shaped such that it tends to forcematerial comprising the nucleus 73 to gather and be compressed in areas73F and 73G. Such a compression of nuclear material can generate forcesthat act in the direction of arrows U and V and that tend to cause disc70 to elongate in the directions of arrows U and V. Regardless ofwhether a device 76, 77A, 100 contacts the inner wall 73A of the annulus72 of a disc 70, it is preferred that all, or substantially all, of theouter surface of the portion of the housing 41, 42 that will contact thenucleus 73 or the annulus 72 have a smooth, preferably arcuate, shapeabout at least one axis. By way of example, and not limitation, thesurface of a cylindrical is arcuate about one axis. The surfaces of asphere or egg are each arcuate about more than one axis.

Use of a disc revitalization device 100 is further described withreference to FIGS. 12 and 13. In FIG. 12, damaged disc 95 has beencompressed between vertebra 90 and 91 and is bulging outwardly throughand from the bottom 92 of disc 90 and the top 93 of disc 91. The disc 95has ruptured at two locations and herniated material 96, 97 from thenucleus extends outwardly through the ruptures. In FIG. 12, the bulgingof disc 95 outside of vertebra 90 and 91 is, for sake of simplicity,pictured as being uniform around the perimeter of the vertebrae. This isnot normally the case. The amount that the disc 95 bulges typicallyvaries with the location on the periphery of the bottom 92 of vertebra90 and top 93 of vertebra 91. Similarly, the herniation of nucleusmaterial 96, 97 is, for sake of simplicity, pictured in a generallyuniform spherical shape. This is not normally the case. The shape of aherniation of nucleus material need not be uniform or have the shape anddimension of any recognizable symmetric geometric figure.

After device 100 is inserted internally into the nucleus of disc 95, atool with a hex end is inserted in opening 31A and the tool is utilizedto turn head 30 in the direction of arrow A (FIG. 1) to displace andexpand shell 11 outwardly in the direction of arrows D and E, todisplace and expand shell 11A of FIG. 2 outwardly in the direction ofarrows X and Y and away from shell 11 (FIG. 1), to deploy teeth 12 toengage a portion of the bottom 92 of vertebra 90 (FIG. 12), to deployteeth associated with shell 11A to engage a portion of the top 93 ofvertebra 91, and to subject disc 95 to internal traction by displacingvertebra 90 and/or 91 vertically along axis G in a direction generallynormal to the bottom 92 of vertebra 90 and to the top 93 of vertebra 91to increase the separation distance between vertebra 90 and 91, toincrease the height H of disc 95, and to decrease the width W of disc95. Since a spine is generally curved along its length, vertebra in thespine are not stacked one directly on top of the other along a straightvertical axis. One vertebra usually is slightly canted with respect toits adjacent vertebra. Nonetheless, the axis G can be said to begenerally normal (with plus or minus 45 degrees) to the bottom 92 of onevertebra and to the top 93 of an adjacent vertebra.

When disc 95 is subjected to internal traction, the disc 95 often tendsto undergo a transformation from the short, squat, bulged configurationof FIG. 12 to the tall, retracted configuration illustrated in FIG. 13.The bulged part of the disc 95 retracts inwardly to a position betweenvertebrae 90 and 91 in the same general manner that the bulge 105 inrubber band or string 102 (FIG. 14) retracts inwardly when the ends ofthe string 102 are pulled in the directions indicated by arrows 103, 104to produce the “taller” (i.e., longer) string 102 illustrated in FIG.15. When bulge 105 retracts inwardly, the width W of the disc 95 isreduced.

Further, when disc 95 takes on the tall retracted configuration of FIG.13, the volume of the space inside and circumscribed by the inner edge73A (FIG. 10) of the annulus (i.e., the space in which materialcomprising the nucleus 73 is found) increases because the increase inthe height of the space concomitant with the increase in the height ofdisk 95 usually offsets and is greater than the decrease in the diameteror width of the space concomitant with the retraction of the disk 95.The increase in the volume of the space in which the nucleus is foundgenerates negative pressure or generates forces that tend to pull orpermit the herniated nucleus material 96, 9—that prior to internaltraction extended outwardly through ruptures in the annulus 94 in themanner illustrated in FIG. 12—to move through the associated discruptures and back into the inner annular space in which nucleus materialis ordinarily found. Increasing the height of and retracting disc 95also tends to close or partially close ruptures 98 formed in the annulus94 (FIG. 13) so that the ruptures often will heal completely closed oftheir own accord. Similarly, if an opening has been made through theannulus 94 to facilitate insertion of a disc revitalization device 100,the internal traction of disc 95 tends to close the opening tofacilitate healing of the opening. Such an incision normally, but notnecessarily, would be vertically oriented in the same manner thatannulus rupture 98 is vertically oriented in FIG. 13.

The device 100 can be oversized and shaped such that during internaltraction the device 100 prevents the internal opening (which openingwould be bounded by the internal wall 73A of the annulus) in the annulusof disc 95 from completely retracting or reducing in size to aparticular width when a disc moves from the bulging configuration ofFIG. 12 to the retracted, taller configuration of FIG. 13. When device100 prevents the internal opening in the annulus from fully inwardlyretracting or constricting along axes that lie in a horizontallyoriented plane that is generally normal to axis G in FIG. 13, theannulus and/or nucleus generate and maintain for at least a whilecompressive forces against the device 100. This “tensioning” of theannulus and/or nucleus tends to anchor the device 100 in position indisc 95, to prevent migration of device 100, and therefore to produce aunitary, stronger structure comprised of the disc 95 and the “captured”or a “squeezed” device 100.

The shape and dimension and constructions of the disc revitalizationdevice 100 can vary as desired provided that device 100, when insertedin a disc 95, can be utilized to separate a pair of adjacent vertebrae90, 91 the distance necessary during internal traction to obtain thedesired retraction and height increase of a disc 95 intermediate thepair of vertebrae. It is desirable that device 100 functions to contactthe nucleus and/or annulus of the disc 95 to produce the desired shapeof disc 95, and/or that the device 100 functions to contact the nucleusand/or annulus of the disc 95 to produce tension in the annulus and/ornucleus because the device 100 prevents disc 95 from fully retractingand causes the nucleus and/or annulus to squeeze or compress device 100.

In FIG. 11, one acceptable contour of the portion of a disc 70 that isclosest to nerves 77, 78 and spinal column 71 is the oval convex shapeindicated by dashed line 200. A more preferred contour (than the contourindicated by dashed line 200) is the relatively flat contour depicted bythe flat line representing portion 74 of disc 70. The most preferredcontour is the concave contour represented by dashed line 201. Thecontour represented by dashed line 201 is most preferred because it isless likely that any bulge or herniation of disc 70 will press againstnerves 77, 78 or against spinal column 71. It is, of course, preferredthat each of the contours 200, 74, 201 of disc 70 be spaced apart fromnerves 77, 78 and spinal column 71 to minimize the likelihood that aportion of disc 70 will contact nerves 77, 78 and spinal column 71. Asused herein in connection with the invention and the claims, a discincludes at least fifty percent (50%) of its original annulus and may ormay not include all or a portion of its original nucleus.

FIGS. 16 and 17 illustrate a unitary ribbon spring apparatus constructedin accordance with the invention and generally indicated by referencecharacter 110. Apparatus 110 includes ends 117 and 118, raised portionsor peaks 113 to 115, and teeth 111, 112, 116.

In use, apparatus 110 is placed in an intervertebral disc between anopposing pair of vertebrae. Apparatus 110 can circumscribe material inthe nucleus of the disc, can circumscribe material in the annulus of thedisc, can circumscribe material in the annulus and the nucleus of thedisc, or, when the nucleus or a portion of the nucleus has been removed,can circumscribe only a small amount of disc material or circumscribe nodisc material at all. When the vertebrae are in their normal relativelyuncompressed state (as when an individual is walking slowly, is in arelaxed standing position, or is reclining) apparatus 110 may contacteach of the vertebrae pair, may contact only one vertebra, or may“float” in the disc without contacting either of the adjacent vertebrae.When the vertebrae are compressed, the top vertebra presses against andflattens elastic peaks 113 to 115, on the first surface of apparatus110, in a direction toward the bottom vertebra. Flattening peaks 113 to115 causes apparatus 110 to lengthen inwardly in the manner indicated byarrows 120 and 121. Apparatus 110 may also roll and slide inwardly overthe adjacent vertebrae. If, however, peaks 113 to 115 are sufficientlycompressed, teeth 111, 112, 116, on the second surface of apparatus 110fixedly engage the bottom vertebra (or the top vertebra if teeth areprovided along the first surface of apparatus 110) and prevent furthermovement of apparatus 110 until the opposing vertebrae separate and thecompressive force acting on peaks 113 to 115 is released. When thecompressive force is released, apparatus 110 elastically partially orcompletely returns to the configuration of FIG. 16. Teeth 11, 112 cancompletely disengage from the lower (or upper) vertebra. If teeth 111,112, 116 remain engaged or partially engaged with the lower (or upper)vertebra, then apparatus 110 may only partially return to itsconfiguration of FIG. 16.

As noted, flattening peaks 113 to 115 causes ends 117 and 118 to moveinwardly in the direction of arrows 120 and 121, respectively. A sectionof the disc nucleus or other disc material typically is circumscribed byapparatus 110. When ends 117 and 118 move inwardly (away from the outerperipheral edge 72A (FIG. 21) of annulus 72) in the direction of arrows120 and 121 (FIG. 16), ends 117 and 118 tend to gather disc material(nucleus and/or annular material) by compressing a portion of thesection of the disc nucleus that is circumscribed by apparatus 110. Inaddition, when ends 117 and 118 move inwardly, they tend to gather discmaterial by drawing inwardly portions of the disc that are notcircumscribed by apparatus 110 but that are contacting or near ends 117and 118. Gathering disc material and displacing inwardly portions of thedisc reduces the horizontal expansion forces 150 to 153 (FIG. 21) actingon the disc. Compressing apparatus 110 acts to horizontally narrow,inwardly contract, or un-bulge the disc in the direction of arrows140-142 to counteract horizontal expansion forces 150 to 153. Whenportions of the disc are drawn inwardly, vertical “anti-compression”forces each acting against a vertebra in the direction of arrows 122 and123 (FIG. 17) are also generated which tend to offset a portion of thecompressive forces generated against the disc by the adjacent vertebrae.Vertical anti-compression forces 122 and 123 are generated by apparatus110 when the disc is compressed between and by its neighboring pair ofvertebrae. Vertical anti-compression forces 122, 123 tend to increasethe height of the disc and further horizontally narrow, inwardlycontract or un-bulge, the disc. Vertical anti-compression forces 122,123 are each generally normal to the bottom surface 92 of vertebrae 90or top surface 93 of vertebra 91 in FIG. 12, 13. Horizontal inwardforces 140-143 acting opposite horizontal outward forces 150-153 in FIG.21 are generally parallel to the bottom surface 92 of vertebra 90 or topsurface 93 of vertebra 91 in FIG. 12, 13.

FIG. 18 illustrates insertion apparatus 124 that can be utilized toimplant spring apparatus 110 in a disc. Insertion apparatus 124 includeshollow channel 125. Apparatus 110 is housed in the end of channel 125.After the distal end 129 of channel 125 is positioned adjacent or in anopening in the annulus 72 in FIG. 19, plunger 126 is displaced in thedirection of arrow 130 to eject apparatus 110 out of distal end 129 andinto the disc to the position illustrated in FIG. 19. When apparatus 110is inserted in a disc 70, apparatus 110 draws disc material away fromthe inner part 75 of the spinal column 71 to reduce the pressuregenerated on nerves in the spinal column 71. When apparatus 110 iscompressed between a pair of vertebrae, ends 117 and 118 in FIG. 16 orother portions of apparatus 110 draw nuclear material or other discmaterial away from the inner part 75 of the spinal column 71 to reducethe pressure generated on nerves in the spinal column 71. (FIG. 19).

FIG. 20 illustrates apparatus 110 inserted inside a disc 70 andintermediate vertebrae 127, 128.

FIG. 21 illustrates an alternate unitary spring apparatus 130constructed in accordance with the invention. Apparatus 130, likeapparatus 110, includes a first surface with peaks 131 to 133. Peaks 131to 133 are, as illustrated in FIGS. 23 and 24, higher toward the insideof apparatus 130 than toward the outside of apparatus 130. As will bediscussed below, this height or elevation differential causes each peak131 to 133 to function like a cam when apparatus 130 is compressedbetween a pair of vertebra (FIG. 24). Apparatus 130 also includescylindrical, paddle shaped, spaced apart ends 137 and 138 and includesmembers 134 to 136. Each member 134 to 136 includes a semi-cylindricalbottom second surface that rolls and slides over the vertebra contactedby the semi-cylindrical bottom surface.

When apparatus 130 is compressed by vertical forces 147 to 149 generatedby a vertebra contacting peaks 131 to 133, peaks 131 to 133 cantinwardly away from the outer circumference or peripheral edge of theannulus 72A in the directions indicated by arrows 140 to 142. Thisinward canting causes the semi-cylindrical bottom surfaces of members134 to 136 to roll, and/or slide, inwardly in the manner indicated byarrows 145 and 146. Ends 137 and 138 are also caused to roll, and/orslide, inwardly in the manner indicated by arrows 143 and 144. When avertebra contacts peaks 131 to 133, the vertebra, in addition to causingthe peaks to roll inwardly, also flattens the peaks 131 to 133 to causea lengthening of apparatus 130 akin to the lengthening produced inapparatus 110 in FIG. 16 when the peaks of apparatus 110 are flattened;and, to cause an inward displacement of ends 137, 138 (FIG. 21) akin tothe inward displacement of ends 117 and 118 in the direction of arrows120 and 121 (FIG. 17). When apparatus 110 is utilized, teeth 111, 112 onthe apparatus dig into a vertebra each time the apparatus 110 iscompressed. Consequently, the teeth may damage the vertebra. Apparatus130 does not have such teeth. Apparatus 130 only slides or rolls overthe surface of a vertebra. In this respect, apparatus 130 is sometimespreferred over apparatus 110. The inward displacement of ends 137, 138gathers and compresses some of the disc material (i.e., nuclear and/orannular material) that is circumscribed and enclosed by apparatus 130and/or that is adjacent ends 137, 138. Such gathering of disc materialproduces two additional results.

First, vertical anti-compression forces 154 and 155 (FIG. 21) aregenerated which offset to some extent the compression forces generatedagainst the annulus 72 and nucleus of the disc. Forces 154 and 155 aregenerally perpendicular to the top 93 and bottom 92 of the vertebraeadjacent the disc. (FIG.12).

Second, the portion of disc material gathered and compressed byapparatus 130 is elastic. The gathered up disc material produces its ownoutwardly acting return forces 156, 157 that act on ends 143 and 144 andother portions of apparatus 130 and assist in returning spring apparatus130 to its original configuration when the vertebrae adjacent the discseparate toward their normal relatively uncompressed configuration andrelease the compressive forces acting on apparatus 130. Similar returnforces are generated by compressed elastic disc material and act onapparatus 110 when apparatus 110 is compressed and gathers elastic discmaterial. (FIG. 16, 17).

The spring apparatus 160 illustrated in FIG. 22 is similar to apparatus130 (FIG. 21), except that semi-cylindrical members 134 to 136 ofapparatus 130 comprise—in apparatus 160—cylindrically shaped members134A to 136A. Peaks 131A to 133A are equivalent to peaks 131 to 133 ofapparatus 130. Ends 137A and 138A of apparatus 160 are equivalent toends 137 and 138 of apparatus 130. Ends 137A and 138A can, if desired,be interconnected by a member 161. The shape and dimension andconstruction of a spring apparatus utilized in the practice of theinvention can vary as desired.

The functioning of spring apparatus 130 is further illustrated in FIGS.23 and 24. In FIGS. 23 and 24, the disc that is normally betweenvertebrae 90A and 91A is omitted for sake of clarity. Apparatus 130would ordinarily preferably be implanted inside the disc betweenvertebrae 90A and 91A. FIG. 23 illustrates a portion of apparatus 130prior to the vertebrae being compressed together. In FIG. 24, thevertebrae 90A and 91A have been compressed together and force 148 isacting on the various peaks of apparatus 130, including the specificpeak 131 shown in FIG. 23. Tip 131B of peak 131 is higher than theremainder of the peak and functions as a cam. When bottom of vertebra92A presses downwardly in the direction of force 148 against tip 131B(FIG. 24), peak 131 is displaced and cants inwardly in the directionindicated by arrow 161, causing the semi-cylindrical bottom surface ofmember 130 to tilt and/or slid on the top 93A of vertebra 91A in thedirection of arrow 162. The inward canting and rolling or sliding ofportions of spring apparatus 130 functions to gather in and compressnuclear and/or annular disc material that is circumscribed by apparatus130. After the vertebra 90A and 91A separate and the compressive force148 is released, apparatus 130 elastically returns to its normalorientation illustrated in FIG. 23 and peak 131 and member 136 return tothe orientation illustrated in FIG. 23.

Another spring apparatus 165 of the invention is illustrated in FIGS. 25to 27 and includes four mini-towers 166 to 169. The towers 166 to 169are interconnected by flexible strips 174 to 177. The construction ofeach tower 166 to 169 is identical. Tower 166 is illustrated in FIGS. 26and 27. Tower 166 include cylindrical plunger 180 slidably received byhollow cylindrical base 182. Plunger 180 rests on spring 183 mounted inbase 182. When a compressive force 181 is applied to plunger 180, spring183 is downwardly deflected and flattened, pushing cupped member 170away from base 182 and inwardly away from the outer peripheral edge 72A(FIG. 21) of the disc in which apparatus 165 (FIG. 25) is implanted.Consequently, when the apparatus 165 is implanted in an intervertebraldisc and bottom 92A of a vertebrae (FIG. 24) compresses plunger 180(FIG. 27), members 170 to 173 (FIG. 25) are inwardly moved and functionto gather up and compress disc material that is within and circumscribedby apparatus 165.

A constant tension coil-ribbon spring 185 is illustrated in FIG. 28 andincludes end 186 and coil 187.

The intervertebral disc is, for sake of clarity, omitted from FIG. 29.End 186 of spring 185 is fixedly secured in an opening 188 formed invertebra 90A. Coil 187 is positioned intermediate vertebrae 90A and 91A.When vertebrae 90A and 91A move toward one another a compressive force189 is generated. Force 189 compresses the disc intermediate thevertebrae, and compress coil 187 that winds or coils more tightly indirection 190 and tends to draw inwardly into coil 187 adjacent discmaterial. When the compressive force 189 is released, coil 187elastically unwinds to return to its normal uncompressed state.

FIGS. 30, 31, 30A, and 31A illustrate another embodiment of theinvention in which a spring apparatus 191 (FIG. 30A) is provided thathas the same general shape and dimension as apparatus 110 (FIG. 16),except that the peak portions 113, 114, 115 are replaced by portions 192that bow inwardly when the apparatus 191 (FIG. 30A) is compressed in thedirection of 194 (FIG. 30, 31). FIGS. 30 and 30A illustrate apparatus191 in its normal “at rest” state. FIGS. 31 and 31A illustrate apparatus191 when it is under compression and portions 192 have elastically bowedportion 193 inwardly to gather in and compress disc materialcircumscribed by apparatus 191.

An apparatus 100 (FIG. 1), 76 (FIG. 9), 77A (FIG. 10), 110 (FIG. 16),130 (FIG. 21), 160 ( FIG. 22), 165 (FIG. 25), 185 (FIG. 28), and 191(FIG. 30A) can be inserted in a disc in one, two, or more separatepieces that are not interconnected and may independently function in thedisc. The spring apparatus and other apparatus described herein may beutilized in other body in joints and locations other than withinintervertebral discs and between vertebrae in the spine. Theintervertebral disc is an example of a soft tissue compartment adjoiningfirst and second bones (vertebra) having an initial height and aninitial width. Other joints consisting of a soft tissue compartmentadjoining at least first and second bones having an initial (vertical)height and an initial (horizontal) width may include the joints of thehand, wrist, elbow, shoulder, foot, ankle, knee, and hip.

The materials utilized to construct a apparatus 100 (FIG. 1), 76 (FIG.9), 77A (FIG. 10), 110 (FIG. 16), 130 (FIG. 21), 160 ( FIG. 22), 165(FIG. 25), 185 (FIG. 28), and 191 (FIG. 30A) can vary as desired. Metalsand metal alloys are presently preferred.

One method for constructing a spring apparatus 110 is illustrated inFIGS. 32 and 33. The first step of the process is to feed a metal ribbonthrough stepper collet jaws to articulate twists incrementally at a 90degree orientation with respect to each other to produce the articulatedribbon 200. In the second step, the articulated ribbon 200 is formed inmatching dies to produce vertical bends or peaks in horizontal flatportions of the ribbon. This result is the articulated “peaked” ribbon201 shown in FIG. 32. The third step of the process is to grind orotherwise form teeth in the vertically oriented sections of the ribbonto produce the articulated “peaked” toothed ribbon 202 shown in FIG. 32.The fourth and final step of the process is to roll the ribbon 202 toproduce the annular ring shape of apparatus 110 (FIG. 33).

Anatomical planes are drawn through an upright body. These planesinclude the coronal plane, the sagittal plane, and the axial plane. FIG.34 illustrates the general relationship of anatomical planes withvertebrae 90B, 91B and disc 70A in the spinal column. The coronal, orfrontal, plane 210 is a vertically oriented plane that is generallyparallel to the front of an individual's body. The sagittal plane 211 isa vertically oriented plane that is normal to the coronal plane and thatis parallel to the sides of an individual's body. The transverse, oraxial, plane 212 is a horizontally oriented plane that passes throughthe waist of an individual's body and that is normal to the coronal andsagittal planes.

The spine has normal curvatures which are either kyphotic or lordotic.

Scoliosis is a deformity of the spinal column in which the spinal columnis curved from its normal upright orientation laterally in the coronalplane in the direction of arrow 218 or of arrow 217.

Lordosis is a deformity of the spinal column in which the spinal columnis curved from its normal upright orientation rearwardly in the sagittalplane in the direction of arrow 216. In contrast to the normalcurvatures of the spine, lordosis produces an excessive inward curvatureof the spine.

Kyphosis is a deformity of the spinal column in which the spinal columnis curved from its normal upright orientation forwardly in the sagittalplane in the direction of arrow 215.

Scoliosis, lordosis, and kyphosis can be accompanied by a rotation 214of the spine about a vertically oriented axis 213, and can also beaccompanied by undesirable movement of the ribs and or pelvis.

For example, scoliosis often is characterized by both lateral curvatureand vertebral rotation. As scoliosis advances, vertebrae spinousprocesses in the region of the major curve rotate toward the concavityof the curve. The ribs move close together towards the pelvis on theconcave side of the curve. The ribs are widely spaced apart on theconvex side of the curve. Continued rotation of the vertebral bodies isaccompanied by increases deviation of the spinous processes to theconcave side. The ribs follow the rotation of the vertebrae. On theconvex side, the ribs move posteriorly and produce a rib hump commonlyassociated with thoracic scoliosis. On the concave side, the ribs arepushed anteriorly and deform the chest.

Lordosis can occur simultaneously with scoliosis, as can kyphosis.

Any of the apparatus previously described herein can, when appropriateand desirable, be utilized in the processes described below inconjunction with FIGS. 35 to 40 to treat deformities of the spinalcolumn.

In FIG. 35, cylindrical apparatus 230 is inserted between a pair 228,229 of canted, spaced apart panel members. When a downward displacementforce 231A is applied to panel 228, panel member 228 pivots aboutapparatus 230 in the same manner that a door rotates about its hinge.Panel member 228 moves about apparatus 230 in a single rotationaldirection indicated by arrow 232 such that the outer edge 246 of panelmember 228 moves toward panel member 229. Likewise, a displacement force231B acting against panel member 229 can cause panel member 229 to pivotabout apparatus 230 in a single rotational direction indicate by arrow233. Arrows 232 and 233 each lie in a common plane.

As is illustrated in FIG. 36, cylindrical apparatus 230 can be utilizedto treat adjacent vertebrae that are misaligned or misrotated due toscoliosis, lordosis, kyphosis, or other causes. In FIG. 36 vertebra 90Bis canted from its normal orientation with respect to vertebra 91B. Inits normal orientation, the bottom 90C of vertebra 90B would begenerally parallel to the top 90D of vertebra 91B. Elongate cylindricalapparatus 230 is positioned intermediate vertebrae 90B, 91B adjacentopposing edge portions 220, 221 of vertebrae 90B, 91B, respectively, onthe “concave” side of the misalignment. Edge portions 222, 223 ofvertebrae 90B, 91B, respectively, are on the “convex” side of themisalignment of the vertebrae. Apparatus 230 may be (1) constructed inany desired manner, and (2) positioned between vertebrae 90B, 91B in anydesired manner and at any desired location therebetween as long asapparatus 230 functions to improve the alignment of vertebrae 90B, 91Bsuch that bottom 90C is more nearly parallel to top 90D and/or such thatat least one of vertebrae 90B, 91B is rotated about a vertical axis 213in FIG. 34, to more closely approach its natural position or to moreclosely approach another desired position and orientation. By way ofexample, and not limitation, when apparatus 230 is inserted it may (1)only contact top 90D and may or may not be secured to top 90D, (2) besecured to and only contact bottom 90C, (3) be positioned further awayfrom edge portions 220, 221 and nearer the center of bottom 90C and top90D, (4) comprise a spring that is “loaded” and generates a force 224that (like force 231 in FIG. 35) acts upwardly against bottom 90C untiledge portions 220 and 221 are a selected distance apart, or (5)comprise, in contrast to the spring just mentioned, a solid non-elasticmember that functions only as a pivot point like the hinge of a door.

In FIG. 37, conical apparatus 234 is inserted between a pair 228, 229 ofcanted, spaced apart panel members. When a downward displacement force231A is applied to panel member 228, panel member 228 pivots aboutapparatus 234 in the same manner that a door rotates about its hinge.Since, however, there is a space between panel member 228 and thetapered end 239 of apparatus 234, panel member 228 also pivots about thelarger end of member 234 such that end 228A moves downwardly toward end239 in the manner indicated by arrow 237. Consequently, when apparatus234 is inserted and force 231A is applied to panel member 228, panelmember 228 moves about apparatus 234 in at least a pair of rotationaldirections indicated by arrows 232 and 237. Likewise, a displacementforce 231B acting against panel member 229 can cause panel member 229 topivot about apparatus 230 in at least a pair of rotational directions.

As is illustrated in FIG. 38, conical apparatus 234 can be utilized totreat adjacent vertebrae that are misaligned or misrotated due toscoliosis, lordosis, kyphosis, or other causes. In FIG. 38 vertebra 90Bis canted from its normal orientation with respect to vertebra 91B. Inits normal orientation, the bottom 90C of vertebra 90B would begenerally parallel to the top 90D of vertebra 91B. Elongate conicalapparatus 234 is positioned intermediate vertebrae 90B, 91B adjacentopposing edge portions 220, 221 of vertebrae 90B, 91B, respectively, onthe “concave” side of the misalignment. Edge portions 222, 223 ofvertebrae 90B, 91B, respectively, are on the “convex” side of themisalignment of the vertebrae. Apparatus 234 may be (1) constructed inany desired manner, and (2) positioned between vertebrae 90B, 91B in anydesired manner and at any desired location therebetween as long asapparatus 234 functions to improve the alignment of vertebrae 90B, 91Bsuch that bottom 90C is more nearly parallel to top 90D and/or such thatat least one of vertebrae 90B, 91B is rotated about a vertical axis 213in FIG. 34, to more closely approach its natural position or to moreclosely approach another desired position and orientation. By way ofexample, and not limitation, when apparatus 234 is inserted it may (1)only contact top 90D and may or may not be secured to top 90D, (2) besecured to and only contact bottom 90C, (3) be positioned further awayfrom edge portions 220, 221 and nearer the center of bottom 90C and top90D, (4) comprise a spring that is “loaded” and generates a force 224that acts upwardly against bottom 90C until edge portions 220 and 221are a selected distance apart, or (5) comprise, in contrast to thespring just mentioned, a solid non-elastic member that functions only asa pivot point like the hinge of a door.

In FIG. 39, tapered arcuate apparatus 245 is inserted between a pair228, 229 of canted, spaced apart panel members. When a downwarddisplacement force 231A is applied to panel member 228, panel member 228pivots about apparatus 245 in the same manner that a door rotates aboutits hinge. Since, however, there is a space between panel member 228 andthe tapered end 240 of apparatus 245, panel member 228 also pivots aboutthe larger end of member 245 such that end 228A moves downwardly towardpanel member 229 in the manner indicated by arrow 237. Further, arcuateapparatus 245 is shaped to cause panel member 228 to rotate in thedirection indicated by arrow 244 about a vertical axis 243.Consequently, when apparatus 245 is inserted and force 231A is appliedto panel member 228, panel member 228 moves about apparatus 245 in atleast a pair of rotational directions indicated by arrows 232 and 237,as well as in a rotational direction indicated by arrow 244.

As is illustrated in FIG. 40, tapered arcuate apparatus 245 can beutilized to treat adjacent vertebrae that are misaligned or misrotateddue to scoliosis, lordosis, kyphosis, or other causes. In FIG. 40vertebra 90B is canted from its normal orientation with respect tovertebra 91B. In its normal orientation, the bottom 90C of vertebra 90Bwould be generally parallel to the top 90D of vertebra 91B. Taperedarcuate apparatus 245 is positioned intermediate vertebrae 90B, 91Badjacent opposing edge portions 220, 221 of vertebrae 90B, 91B,respectively, on the “concave” side of the misalignment. Edge portions222, 223 of vertebrae 90B, 91B, respectively, are on the “convex” sideof the misalignment of the vertebrae. Apparatus 245 may be (1)constructed in any desired manner, and (2) positioned between vertebrae90B, 91B in any desired manner and at any desired location therebetweenas long as apparatus 245 functions to improve the alignment of vertebrae90B, 91B such that bottom 90C is more nearly parallel to top 90D and/orsuch that at least one of vertebrae 90B, 91B is rotated about a verticalaxis 213 in FIG. 34, to more closely approach its natural position or tomore closely approach another desired position and orientation. By wayof example, and not limitation, when apparatus 245 is inserted it may(1) only contact top 90D and may or may not be secured to top 90D, (2)be secured to and only contact bottom 90C, (3) be positioned furtheraway from edge portions 220, 221 and nearer the center of bottom 90C andtop 90D, (4) comprise a spring that is “loaded” and generates a force224 that acts upwardly against bottom 90C until edge portions 220 and221 are a selected distance apart, or (5) comprise, in contrast to thespring just mentioned, a solid non-elastic member that functions only asa pivot point like the hinge of a door.

An apparatus 230, 234, 245 typically generates a force 224 acting on avertebra 90B in at least one of two ways. If the apparatus 230, 234, 245is elastic or non-elastic and is forced between portions 220 and 221,the apparatus 230, 234, 245 at the time it is inserted produces anupwardly directed force 224 that acts to move portion 220 upwardly andtherefore tends to cause portion 222 to pivot in the direction of arrow226. Or, if the apparatus 230, 234, 245 is elastic or non-elastic and isnot forced between portions 220 and 221, then when an individual's spineis compressed, either artificially or during normal movement of theindividual, and a downward compressive force 235 is generated onvertebra 90B to press vertebra 90B against apparatus 230, 234, 245, thenwhen portion 220 is pressed against apparatus 230, 234, 245, apparatus230, 234, 245 produces a counteracting upwardly acting force 224 that,along with force 235, functions to cause vertebra 90B to pivot and/orrotate about apparatus 230, 234, 245 such that portion 222 pivots in thedirection of arrow 226, or such that vertebra 90B rotates in a direction241 about a vertical axis 242 (FIG. 40).

In FIGS. 36, 38, 40, the intervertebral disc has been omitted for sakeof clarity. Although apparatus 230, 234, 245 can be utilized when theintervertebral disc is not present, it is presently preferred in thespirit of the invention that most or all of intervertebral disc bepresent and that apparatus 230, 234, 245 be inserted within the annulusof the disc and between vertebrae 90B, 91B. Consequently, whileapparatus. 230, 234, 245 functions to correct deformities in the spine,apparatus 230, 234, 235 also functions to improve the functioning andshape of discs intermediate spinal vertebrae.

As noted, an intervertebral disc interconnects vertebra bones in aspinal column. The disc includes an annulus and a nucleus. As usedherein, the annulus is a hard tissue compartment that houses soft tissuecomprising the nucleus. Other hard tissue found in the body includesbone, cartilage, and the capsules located at the end of bones at thejoints of the hand, wrist, elbow, shoulder, foot, ankle, knee, and hip.Soft tissue in the body includes epithelium, fascia, muscle, fat,vasculature, and nerves.

Vasculature and nerves of differing width, or diameter, exist throughoutthe body. The larger vasculature and nerves are deemed principalvasculature and nerves. The lesser vasculature and nerves are deemedminor vasculature and nerves. As used herein, principal vasculature andnerves have a width of at least one millimeter (mm).

An object of many surgical procedures is to produce an opening in anintervertebral disc or other hard tissue including cartilage, bone, andthe capsules around joints. During these surgical procedures, the distalend of an instrument often is passed through soft tissue in order toreach the hard tissue in which the opening is to be formed. Since thedistal end of the instrument often has a sharp tip or cutting edge thatis used to form an opening in the hard tissue, there is a significantrisk that the distal end will cut or pierce principal vasculature ornerves and produce a serious injury, possibly a life threatening injury.

FIG. 41 illustrates a portion 310 of a spinal column, includingvertebrae 314, 315, 315A, and intervertebral discs 311, 312, 313.Principal nerves 316, 317, 318 emerge from the spinal column. Arrow 319illustrates a preferred path for an instrument to travel in order toavoid nerves 316 and 317 and to impinge on the annulus 313A of disc 313.Path 319 may not, however, avoid impingement on a nerve 316, 317 in theevent a nerve 316 happens to be in an unusual position, in the eventdisc 313 is squeezed into an bulging configuration that causes vertebrae315 and 315A and nerves 316 and 317 to move closer together, etc.

FIGS. 42, 44, 45 illustrate apparatus 321 constructed in accordance withthe invention and including a distal end 322 and handle 323. Duringinsertion in the body of a patient, apparatus 321 is manually ormechanically oscillated back and forth in the direction of arrows 3A,oscillated up and down in the direction of arrows 3B and 3C, oscillatedlaterally in the direction of arrows 3E and 3D (FIG. 43), oscillated ina manner that combines movement in two or more of said directions 3A to3E, i.e., the distal end 322 can be moved along an elliptical orcircular path, oscillated radially in and out in the manner of fingers365, 366, 368, and 369 in FIG. 47D, and/or oscillated rotationally aboutthe longitudinal axis of the apparatus in the manner indicated by arrows3P in FIG. 47C. Since the purpose of moving end 322 is to produce anopening in and through tissue, the in-and-out oscillating movementindicated by arrows 3A (FIG. 42) is preferred and typically is requiredeven if oscillating movement of end 322 in the direction of arrows 3Band 3C, in the direction of arrows 3E and 3D (FIG. 43), along a circularpath, radially, or rotationally is also employed. The frequency andamplitude of oscillation can vary as desired, as can the force orpressure applied to handle 323 to press end 322 into tissue 332, 333toward selected hard tissue 330 (FIG. 44). When passing end 322 throughsoft tissue, particularly soft tissue where there is no principalvasculature or nerves. A longer amplitude and smaller frequency istypically employed. When passing end 322 through hard tissue, a higherfrequency and smaller amplitude typically is preferred. By way ofexample, and not limitation, the frequency of radial, linear, orrotational oscillation through soft tissue or hard tissue is greaterthan or equal to 0.1 cycles per minute. The amplitude of oscillation canvary as desired, but the amplitude of oscillation typically is greaterin soft tissue than it is in hard tissue.

Apart from forward movement of a distal end 322, 322B to 322E (FIGS. 47,48, 49, 47B, 47C) caused by oscillation, forward movement of a distalend 322 through soft tissue in a direction L (FIG. 47) can vary asdesired, but typically is greater in soft tissue than it is in hardtissue.

The pressure required for a rounded distal end 322, 322B to 322E to tearor pierce or otherwise injure a principal nerve or vasculature variesdepending on the shape of the tip of the end 322, 322B to 322E and onthe size and makeup of the nerve or vasculature, but is readilydetermined by experimentation so that a surgeon can avoid applyingpressure in the direction of travel L (FIG. 47), having a magnitudesufficient to injure a principal nerve or vasculature.

FIG. 44 illustrates the location of instrument 321 and distal end 322after end 322 has been oscillated to pass through epithelium 332,through other soft tissue including fat, facia, muscle, minorvasculature and nerves, and principal vasculature and nerves, andthrough the annulus 330 of disc 313 into the nucleus 331. Since theepithelium 332 can be difficult to penetrate initially, a small incisioncan be made in epithelium 332 to facilitate the passage of end 322therethrough.

The shape of end 322 is important. Various shapes of end 322 areillustrated in FIGS. 46 to 49, and in FIGS. 47B, 47C, 47D and 47E.

The distal end 322A in FIG. 46 has a sharp tip, or point, 332. Distalend 322A is not utilized in the practice of the invention because tip332 can readily puncture or cut a principal nerve 33 or vasculature.Similarly, a distal end that includes a cutting edge is not preferred inthe practice of the invention.

The distal end 322B illustrated in FIG. 47 has a rounded tip 334 and isa preferred construct in the practice of the invention. If tip 334contacts a principal nerve 333 while moving and/or oscillating in thedirection of arrow 3L, it is likely that nerve 333 will slide off to oneof the sides indicated by arrows 3F and 3G. If, on the other hand, tip334 contacts nerve 333 “dead on” and nerve 333 impedes the progress oftip 334 in the direction of arrow 3L, the surgeon that is manuallyoscillating instrument 321 will feel the resistance (or a sensor on amachine that is oscillating instrument 321 will detect the resistance)and can laterally displace tip 334 in the direction of arrow N or M tofacilitate the movement of nerve 333 in the direction of arrow 3G or Fover end 334 so that tip 334 can continue moving in the direction ofarrow 3L. The surgeon increases the certainty that tip 334 has contactedprincipal nerve 333 or principal vasculature by determining the locationof tip 34 with a fluoroscope, with an endoscope, by directvisualization, by patient feed back, by an electrical recording of anerve, by an alteration of blood pressure or pulse rate caused bycontacting a blood vessel, or any other desired means.

The distal end 322C illustrated in FIG. 48 has a rounded tip 335 and isalso a preferred construct in the practice of the invention. If tip 335contacts a principal nerve 333 or vasculature while moving and/oroscillating in a direction toward nerve 33, it is likely that nerve 333will slide off to one of the sides of end 322C indicated by arrows H andI. If, on the other hand, tip 335 contacts nerve 333 “dead on” and nerve333 impedes the progress of tip 35, the surgeon that is manuallyoscillating instrument 321 (or a sensor on a machine that is oscillatinginstrument 321) will detect the resistance and can manipulate the handle323 of instrument 321 (FIG. 44) to laterally displace tip 335 tofacilitate the movement of nerve 333 in the direction of arrow 3H or 31over end 335 so that tip 335 can continue moving past nerve 333. Thesurgeon increases the certainty that tip 335 has contacted principalnerve 333 or principal vasculature by determining the location in thepatient's body of tip 335 with a fluoroscope, with an endoscope, bydirect visualization, by patient feed back, by an electrical recordingof a nerve, by an alteration of blood pressure or pulse rate caused bycontacting a blood vessel, or any other desired means. Once the surgeondetermines the location of tip 335, the surgeon's knowledge of thenormal anatomy of an individual and/or knowledge of the patient'sparticular anatomy assists the surgeon in determining if a principalnerve or vasculature has been contacted by tip 335.

The distal end 322D illustrated in FIG. 49 has a rounded tips 336, 338and detent 337 and is also a preferred construct in the practice of theinvention. If tip 336 or 338 contacts a principal nerve 333 while movingand/or oscillating in a direction toward nerve 333, it is likely thatnerve 333 will slide off to one of the sides of end 322D in a directionindicated by arrow 3K or 3J. If, on the other hand, detent 337 contactsnerve 333 “dead on” and nerve 333 seats in detent 337 and impedes theprogress of end 322D, the surgeon that is manually oscillatinginstrument 321 will feel the resistance (or a sensor on a machine thatis oscillating instrument 321 will detect the resistance) and canmanipulate the handle 323 of instrument 321 (FIG. 44) to laterallydisplace distal end 322D to facilitate the movement of nerve 333 in thedirection of arrow 3J or 3K over end 322D so that end 322D can continuemoving past nerve 333. The surgeon increases the certainty that end 322Dhas contacted principal nerve 333 or principal vasculature bydetermining the location in the patient's body of tips 336, 338 with afluoroscope, with an endoscope, by direct visualization, by patient feedback, by an electrical recording of a nerve, by an alteration of bloodpressure or pulse rate caused by contacting a blood vessel, or any otherdesired means. Once the surgeon determines the location of tips 336,338, the surgeon's knowledge of the normal anatomy of a the body of ahuman being or animal and/or knowledge of the patient's particularanatomy, assists the surgeon in determining if a principal nerve orvasculature has been contacted by end 322D.

The spoon-shaped distal end 322E illustrated in FIG. 47B has a curvedpaddle surface 356 and a rounded edge 357 and is also a preferredconstruct in the practice of the invention. If rounded edge 357 contactsa principal nerve 333 while moving and/or oscillating in a directiontoward nerve 333, it is likely that nerve 333 will slide off to one ofthe sides of end 322E. It is preferred that edge 357 contact nerve 333(or principal vasculature) in the manner illustrated in FIG. 47B withsurface 356 generally parallel to the longitudinal axis 333A of thenerve. If, on the other hand, edge 357 contacts nerve 333 in anorientation in which the spoon surface 356 of FIG. 47B is rotated ninetydegrees such that surface 536 is generally normal to axis 333A, there isa greater risk of injury to nerve 333. If edge 357 contacts nerve 333“dead on” such that nerve 333 impedes the progress of end 322E in thedirection of arrow 3X, the surgeon that is manually oscillatinginstrument 321 (FIG. 44) will feel the resistance (or a sensor on amachine that is oscillating instrument 321 will detect the resistance)and can manipulate the handle 323 of instrument 321 (FIG. 44) tolaterally displace distal end 322E (FIG. 47B) to facilitate the movementof nerve 333 laterally from edge 357 so that end 322E can continuemoving past nerve 333. The surgeon increases his certainty that edge 357has contacted principal nerve 333 or principal vasculature bydetermining the location in the patient's body of edge 357 with afluoroscope, with an endoscope, by direct visualization, by patient feedback, by an electrical recording of a nerve, by an alteration of bloodpressure or pulse rate caused by contacting a blood vessel, or any otherdesired means. Once the surgeon determines the location of edge 357, thesurgeon's knowledge of the normal anatomy of a the body of a human beingor animal and/or knowledge of the patient's particular anatomy assiststhe surgeon in determining if a principal nerve or vasculature has beencontacted by end 22E.

The distal end 322F illustrated in FIG. 47D includes a plurality ofcurved fingers 365, 366, 368, and 369 depicted in their deployed, openposition. The fingers are shown in FIG. 47E in their normal stowedposition adjacent and in opening 367 formed in distal end 322F ofinstrument 360. In the stowed position, a substantial portion of fingers365, 366, 368, and 369 is drawn through opening 367 to a position insidehollow cylindrical body 364. In the stowed position, however, the curveddistal ends of fingers 365, 366, 368, and 369 extend outwardly fromopening 367 in the manner illustrated in FIG. 47D and generallycollectively form an arcuate surface similar to the surface on the endof an egg. Moving end 361 in the direction of arrow 3V (FIG. 47E) causesneck 362 to slide into hollow cylindrical body 364 to displace fingers365, 366, 368, and 369 outwardly in the direction of arrow 3W. Whenfingers 365, 366, 368, and 369 are outwardly displaced in the directionof arrow 3W, they open radially in the directions indicated by arrows3S, 3Q, 3R, and 3T, respectively, to the expanded deployed positionillustrated in FIG. 47D When end 361 is released, it moves in adirection opposite that of arrow 3V and returns to the positionillustrated in FIG. 47E, and, similarly, fingers 365, 366, 368, and 369move back to the stowed position illustrated in FIG. 47E. Consequently,repeatedly manually (or mechanically) pressing end 361 in the directionof arrow 3V and then releasing end 361 causes fingers 365, 366, 368, and369 to oscillate radially in and out in the directions indicated byarrows 3Q to 3T, and causes fingers 365, 366, 368, and 369 to oscillateback and forth in the direction of arrow 3W and in a direction oppositethat of arrow 3W. Rotating distal end 322E in FIG. 47C back and forth inthe directions indicated by arrows 3P causes end 322E to oscillate backand forth. Continuously rotating end 322E also, practically speaking,causes end 322E to oscillate because of the flat spoon shape of end322E.

FIG. 50 further illustrates the insertion of instrument 340 along wire324 through epithelium 332 and other soft tissue 333 toward the annulus326 of disc 325.

FIG. 51 also illustrates instrument 340 slidably mounted on wire 324.

FIG. 52 illustrates an instrument 350 that is utilized to insert animplant 352 in the nucleus 327 of an intervertebral disc 326 (FIG. 43)or to insert the implant 352 in another location in a body. The roundedtip of the implant 352 functions in a manner equivalent to the roundedtips of distal ends 322B (FIG. 47), 322C (FIG. 48), 322D (FIG. 49), 322E(FIGS. 47B and 47C), and 322F (FIG. 47D) to facilitate the passagethrough tissue of the tip of implant 352. An implant 380 (FIG. 51) canhave a rounded tip like implant 352, can function in a manner equivalentto the rounded tips of distal ends 322B, 322C, etc., and can also havean opening formed therethrough that permits implant 380 to slide orotherwise move along a wire 324 or other elongate member. The shape anddimension of the opening formed through implant 380 can vary as desired,as can the shape and dimension of the elongate member. If an opening ofsufficient size exists in tissue and if wire 324 is appropriatelyoriented, implant 380 may slide along wire 324 of its own accord underthe force of gravity to a desired location in a patient's body. Or, asurgeon's hand or hands or an auxiliary instrument 350 (FIG. 52) can beutilized to contact and move implant 380 along wire 324 (FIG. 51) to adesired location. As utilized herein, a distal end 322B, 322C, 322D,etc. can comprise an instrument that oscillates or otherwise movesthrough tissue, as can an implant 380. The combination of an auxiliaryinstrument 350 (FIG. 52) with a distal end 322B, 322C, 322D, etc. orimplant 380 can also comprise an instrument as long as the combinationfunctions in accordance with at least one of the principles of theinvention and separates tissue, forms an opening in tissue, passesthrough tissue, and/or delivers an implant to a selected location in apatient's body. Grasping handle 351 and depressing member 353 releasesimplant 352 from instrument 350.

Forming an opening in tissue with a distal end 322 (FIG. 44) shaped anddimensioned in accordance with the invention requires the end 322 toproduce radial forces that work to form an opening in tissue. Thetapered configuration of the tips of distal ends 322, 322B to 322Ffacilitate the generation of such outwardly acting radial forces. Theoutward movement of fingers 365, 366, 368, 369 when moving from theirstowed to their deployed position generates such radial forces. Rotatingor oscillating distal end 322E (FIG. 47C) in the manner indicated byarrows 3P also generates such “opening widening” radial forces. Anopening is formed either by widening an existing opening or by forming aopening in tissue at a location at which no opening previously existed.

In one method utilized in the practice of the invention, an implant isutilized to alter the alignment of one or more vertebra, typically toadjust for misalignment of the spine.

The first step in this method is to determine how a patient's spine ismisaligned. This is done by taking one or more X-ray pictures of thespine to determine if the spine or a portion of the spine is abnormallytilted or bent toward the front of the patient, is abnormally tilted orbent toward the back of the patient, is abnormally tilted or bent towardone side of the patient, is rotated from its normal position about thevertical axis of the spine, and/or is laterally (horizontally) displacedfrom its normal position.

When the spine is misaligned, the apex constitutes the vertebra(s) ordisc that is rotated and/or laterally displaced, but that is leasttilted from its normal position. In FIG. 53, vertebrae 401, 402 of spine400 comprise the apex because both vertebrae generally are not tiltedeven though they have been laterally displaced in the direction of arrow4A. In FIG. 54, vertebra 403 of spine 404 comprises the apex becausevertebra generally is not tilted even though it has been laterallydisplaced in the direction of arrow 4B.

Lateral displacement of a disc 313 or vertebra 315A is indicated byarrow 315B in FIGS. 41, 44 and 45. Rotations of a disc 313 or vertebraabout the longitudinal axis of a spine is indicated by arrow 315C inFIG. 44. Tilting of a disc 313 or vertebra 315A in one particulardirection is indicated in FIGS. 41 and 45 by arrow 315D. A disc orvertebra can, of course, tilt in a variety of directions away from itsnormal desired orientation in the spine of a patient. In FIG. 53,vertebrae 405 and 406 are tilted away from their normal desiredorientation, as is vertebra 407 and disc 408 in FIG. 54.

The vertebra at the apex or immediately adjacent an intervertebral disccomprising the apex is identified. While an implant can be inserted atany desired location along a patient's spine, in the embodiment of theinvention currently under discussion, an implant is inserted in thespine in a location that is adjacent the end of the vertebra that is ator closest to the apex. It is preferred, although not require, that theimplant be inserted within an intervertebral disc or portion of anintervertebral disc that is adjacent the end of the vertebra that is ator closest to the apex.

The shape of the implant and the particular location on the end of thevertebra is determined after the particular misalignment of the spine isdetermined. For example, if the vertebrae between which the implant isto be positioned are tilted with respect to one another such that thedisc is compressed in one area and is taller in another area (i.e., thedisc is compressed into a wedge shape), it often is desirable toposition the implant between the adjacent pair of vertebra near thepoint of compression of the vertebrae such that the vertebrae will tendto rotate about the implant so that the distance between the vertebraeincreases at the point of closest approach of the vertebrae and suchthat the distance between the vertebrae decreases at the point at whichthe vertebrae are spaced furthest apart. If the desired rotation of thevertebrae about the implant is similar to the movement of a door aboutits hinges, then the implant may have a substantially cylindrical shape.

If, on the other hand, the adjacent vertebrae are not tilted withrespect to one another, but are rotated (about the longitudinal axis ofthe spine), then the implant may have a tapered or other shape that willproduce rotation of one vertebrae with respect to another.

It is possible that an implant can be shaped and dimensioned to producemultiple movements of a pair of adjacent vertebrae; for example, toproduce simultaneously both rotation of one or more vertebra (i.e.,rotation about the longitudinal axis of the spine) and hinge-likepivoting (i.e., pivoting about a horizontally oriented axis that isnormal to the longitudinal axis of the spine).

In some cases, it may be desirable to utilize first an implant thatproduces only lateral displacement (or rotation or hinge-like pivoting)and, after the necessary movement of a vertebra(s) has occurred, toremove the implant and insert another implant that will producehinge-like pivoting (or lateral displacement or rotation). This permitsspines that are misaligned in two or more ways to be correct one step ata time.

One preferred method of inserting an implant is, as earlier noted, toslide the implant along a guide wire to a desired location in anintervertebral disc and between a selected pair of vertebrae. The guidewire can be inserted utilizing a needle or any other desired apparatusor procedure such that the distal end of the wire is at the desiredlocation in a patient's body. Typically, the distal end of the guidewire will be located inside an intervertebral disc at the location atwhich it is desired to deliver an implant.

FIGS. 55 and 56 illustrate an intervertebral implant 410 constructed inaccordance with the invention and including vertebrae engaging teeth 411and 412. U-shaped member 413 includes legs 414 and 415. As will beappreciated by those of skill in the art, the intervertebral implantsillustrated herein may, if desired, be utilized at other locations in apatient's body.

FIGS. 57 to 61 illustrate an intervertebral implant 415 including upperportion 416 and lower portion 417. Pin 422 of portion 416 pivots inportion 417 and permits portion 416 to rock back and forth in the mannerindicated by arrows 4C and 4D in FIG. 58. Portion 416 includes tissueengaging teeth 418. Portion 417 includes tissue engaging teeth 419.

FIGS. 62 to 68 illustrate an intervertebral implant 425 including upperportion 426 and lower portion 427. Portion 426 includes spaced—aparttissue engaging circular ridges 428. Portion 427 includes tissueengaging teeth 429.

FIGS. 69 to 72 illustrate a unitary implant 435 including inset channels436, 437 formed to increase in width beneath outer surface 438 such thatchannels 436, 437 interlock bone or other material that is placed,packed or grows into channels 436, 437 and solidifies. Theintervertebral implants illustrated herein can be formed from anydesired material, but presently preferably comprise stainless steel,titanium alloys, polymers, composites, ceramics, bone, or anothermaterial.

FIGS. 73 to 76 illustrate a unitary cylindrically shaped implant 440with an aperture 441 formed therethrough and with tissue engagingcircular ridges 442. When desired, implant 440 can be utilized as afusion device by packing aperture 441 with bone or other material thatwill fixedly engage and fix in place an opposing pair of vertebrae. Thecylindrical shape of implant 440 facilitates implant 440 being utilizedas a hinge between a pair of opposing vertebrae to cause the vertebraeto pivot about implant 440 to an alignment in which the spacing betweenthe vertebrae is more uniform at all points. Apertures 440A and 440Bpermit a guide wire to be slidably inserted longitudinally throughimplant 440.

FIGS. 77 to 80 illustrate a unitary implant 450 with an aperture 451formed therethrough and with tissue engaging circular ridges 452. Whendesired, implant 450 can be utilized as a fusion device by packingaperture 451 with bone or other material that will fixedly engage andfix in place an opposing pair of vertebrae. Apertures 450A and 450Bpermit a guide wire to be slidably inserted longitudinally throughimplant 440. Apertures 460A and 460B can be internally threaded topermit a tool to be removably turned into the apertures to facilitateinsertion of implant 450.

Implant 440 (FIGS. 72 to 76) and implant 450 (FIGS. 77 to 80) can havetissue engaging ridges along their entire length.

FIGS. 81 to 85 illustrate a unitary implant 460 with tissue engagingteeth 461 and 462.

FIGS. 86 and 87 illustrate a unitary implant 470 similar to implant 460,but with a reduced height.

FIGS. 88 and 89 illustrate a unitary implant 471 similar to implant 460,but with a further reduced height.

FIG. 90 is an exploded view of an implant 480 similar to implant 410(FIGS. 55, 56) including members 481 and 482 that pivot aboutcylindrical pin 483 when member 482 is inserted intermediate upstandingarms 486 and 487, when pin 483 is inserted through apertures 484, 489,and 485, and, when member 481 is fixedly attached to member 482. Member482A is a bearing with a spherically shaped convex outer surface or edge497. Hollow cylindrical sleeve 496 includes an inner concave surfacethat glides over surface 497 such that sleeve 496 can tilt forwardly,rearwardly, and, as indicated by arrows 498, laterally on bearing 482A.Sleeve 496 can also rotate over surface 497 and around pin 483. Member481 is fixedly mounted to sleeve 496 and moves about bearing 482Asimultaneously with sleeve 496. When implant 480 is being insertedbetween a pair of vertebrae with a tool 488, the end 489 of tool 488 ispreferably shaped to slide intermediate arms 486 and 487 in thedirection of arrow 4R such that lower edge 481A bears against uppersurface 489A and prevents member 481, and therefore sleeve 496 frommoving. Edge 490 bearing against the lower outer surface 491 contributesto stabilizing implant 480. After implant 480 is inserted between a pairof vertebra, tool 488 is removed in a direction opposite that of arrow4R. Tool 488 can take on any shape and dimension as long as tool 488prevents, at least in part, implant 480 (or any desired component(s) ofan implant) from moving while the implant is being inserted at a desiredlocation in a patient's body.

FIGS. 91 and 92 illustrate a unitary implant 492.

FIGS. 93 and 94 illustrate a unitary implant 500.

FIGS. 95 to 99 illustrate a portion 501 of an articulated implant.

FIGS. 100 to 102 illustrate a unitary cylindrical, ridged, implant 510which can have tissue engaging ridges along the entire length of implant510 and can be rotated or screwed into position as can implants 440 and450 (FIGS. 73 to 80).

FIGS. 103 and 104 illustrate a unitary stepped implant 520.

FIGS. 105 to 109 illustrate a unitary implant 530.

FIGS. 110 to 112 illustrate an articulated implant 540 includingportions 501 (FIGS. 95-99) and 502 hinged together by pin 503. Pin 503is offset, or positioned, such when implant 540 is in the alignedorientation illustrated in FIG. 111 and is pushed in the directionindicated by arrow 5A in FIG. 110, portion 501 pivots about pin 503 inthe direction indicated by arrow 5B. This enables implant 540 to followa curved path of travel. When implant 540 is inserted to a desiredlocation intermediate a pair of vertebrae, it presently preferablytravels along a guide wire to said desired location. Cylindricalapertures 503 and 504 formed through portions 502 and 501, respectively,slidably receive and slide along the guide wire. Apertures 503 and 504also function to maintain implant 540 in the general alignmentillustrated in FIG. 111 while implant 540 slides along the guide wire.Once, however, implant 540 exits the distal end of the guide wire,utilizing any method or instrument to push implant 540 in the directionindicated by arrow 5A causes portion 501 to pivot in the direction ofarrow 5B such that implant 540 can move a curved path of travel. Thisoften is desirable when it is desired to move implant 540 along a curvedpath of travel intermediate a pair of adjacent and opposing vertebrae.

FIGS. 113 to 116 illustrate a unitary implant 550.

FIGS. 117 to 120 illustrate a unitary implant 560.

FIGS. 121 to 124 illustrate a unitary implant 570.

FIGS. 125 to 129 illustrate a unitary implant 580 with an aperture 581formed therethrough to slidably receive a guide wire.

FIG. 130 is an exploded perspective view of the implant of FIGS. 57 to61.

FIGS. 131 to 136 further illustrate a component 416 of the implant ofFIG. 130, including a cylindrical aperture 416A formed therethrough. Theaperture can, as indicated by aperture 416B in FIG. 136, be oval shaped(along with pin 422 in FIG. 148) to prevent component 416 from rotatingon pin 422.

FIGS. 137 to 140 further illustrate a component 421 of the implant ofFIG. 130, including apertures 420 and 421A formed therein. Aperture 420slidably receives the distal end 420A of a tool 420B (FIG. 149). End420A bears against or otherwise engages pin 422 to stabilize the implantand prevent the components from tilting or otherwise moving while theimplant is inserted. Once the implant is inserted, end 420A is removedand the implant components and pin are free to cant, tilt, or move asdesigned.

FIGS. 142 to 145 further illustrate a component 417 of the implant ofFIG. 130 and of the implant 415 (FIGS. 57, 60, 61), including aperture417A formed therethrough and including socket 417C (FIG. 141) shaped toreceive foot 424 of pin 422 (FIG. 130).

FIGS. 146 to 148 further illustrate the pin 422 and foot 424 utilized inthe implant of FIG. 130.

FIG. 149 further illustrates the implant of FIG. 130 assembled. Member421 rocks back and forth in the manner indicated by arrows 4E on thepeaked surface 417S of member 417. Member 416 rocks back and forth inthe manner indicated by arrows 4C and 4D on the peaked surface 421S ofmember 421. Member 416 rocks in directions transverse the directions inwhich member 421 rocks. Members 416 and 421 can also rock in directionsintermediate arrows 4C, 4D, and 4E. Pin 422 can be sized to be slightlysmaller in diameter than the apertures 417A, 421A, and 416A (FIG. 130)so that there is slack or “play” and pin 422 can tilt short distances inapertures 417A, 421A, and 416A in directions 4F, 4G, 4H, and 41 (FIG.149), allowing member 421 to slide over peaked surface 417S and allowingmember 416 to slide over peaked surface 421S. One advantage of theimplant of FIG. 149 is that it can be constructed to minimize or preventrotation in the directions indicated by arrows 4T and 4U about pin 422by utilizing peaked surfaces 417S and 421S. Another way this can beaccomplished is by utilizing, as earlier noted, an oval pin 422 andaperture 416B (FIG. 136) that is shaped to receive the oval pin (or ovalportion of the pin 422). Any other desired construction can be utilizedto achieve such a limitation of rotation while still permitting members416 and 421 and pin 422 to tilt or slide in any various desireddirections 4C, 4D, 4E, 4F to 4I, etc. Limiting rotation of an implanthelps minimize wear of and facilitates protection of the spine,especially the facet joints 310 Z (FIG. 41).

FIGS. 150 to 160 illustrate an alternate implant 600 including a base601 with apertures 605 to 608 (FIGS. 157, 159), including a rockermember 602 with aperture 604 (FIG. 153), and including a pin 603 thatextends through apertures 605, 604, and 606 to permit member 602 topivot on pin 603 in the manner indicated by arrows 6A (FIG. 150). Pin603 can be sized slightly smaller in diameter than aperture 604 so thatthere is slack or I“play” and rocker member 602 can move in thedirection of arrows 6B, 6C or in any desired direction (FIG. 151). Pin603 can also be attached to a bearing 482A (FIG. 90) fixed within rockermember 602 to allow motion in the direction of and intermediate to thedirections indicated by arrows 6A, 6B, and 6B. Opening 607 in base 601(FIG. 157) is constructed to minimize or prevent rotation of rockermember 602 in the directions indicated by arrows 6C (FIG. 151). Anyother desired construction can be utilized to achieve such a limitationof rotation while still permitting member 602 and pin 603 to tilt orslide in any various desired direction. Limiting rotation of an implanthelps minimize wear of and facilitates protection of the spine.

FIGS. 161 to 163 illustrate an implant 620 similar to implant 600.Implant 620 includes a base 601A and a rocker member 602A pivotallymounted in based 601A on a pin 621.

FIG. 164 illustrates an implant 630 includes an upper shell that cantilt or cant in directions indicated by arrows 7B, 7C, 7D, or indirections intermediate arrows 7B, 7C and 7D. The “football” shape isdesirable for insertion into an intervertebral disc because, among otherthings, it can help minimize invasive surgical procedures.

When an implant is inserted by sliding or moving the implant through ahollow guide member, the guide member can be shaped and dimensioned (forexample, the guide member can be shaped to have a square inner openingand the outer surface of the implant can have an orthogonal shape) toengage the implant to prevent the implant from rotating in the guidemember while the implant in inserted through the guide member. A guidemember can detachably engage an implant by turning or threading into anopening formed in the implant, or by any other desired means orconstruct.

Forming openings on implants that expand in size as the opening movesaway from the outer surface of the implant is preferred because suchopenings are believed to tend to draw viscoelastic cartilage, bone, discnucleus, disc annulus tissue and other material into such openings andto permit the tissue or other material to expand, creep, or otherwisemove into the openings such that the material tends to interlock withthe openings. Tissue ordinarily moves into openings 655A, 655 (FIG. 168)because the tissue is continuously or intermittently compressed againstan implant and is caused to creep or flow into the openings. Tissue canalso be scraped into an opening 655A, 655 when an implant movestransversely over tissue and a tooth edge or other portion of theimplant moves transversely over tissue surface and causes tissue fromthe surface to move into the opening. Such “scraping” can sometimesoccur simultaneously with the implant being compressed against thetissue, which facilitates the ability of a tooth edge or other portionof an implant to scrape tissue into an opening.

FIGS. 165 to 170 illustrate an intervertebral implant 650 utilized totranslate laterally a vertebra, or possibly an intervertebral disc, withrespect to an adjacent vertebra. The individual components of implant650 are most readily apparent in FIG. 170, and include a base 652, atranslation member 651 shaped to slide over base 652, and a rotatablescrew member 653 for laterally displacing member 651 in the direction ofarrow 6R (FIG. 171). Internally threaded nut 661 is mounted orthogonalopening 658 formed in base 652. Hexagonal opening 654 is formed in thehead of member 653. Leg 662 extends through opening 660, through opening658, through opening 657 in foot 656, and into aperture 659. Openings659, 657, and 660 are not internally threaded. A metal ring (not shown)extends around leg 662 inside opening 658 and adjacent opening 660 tosecure leg 662 and maintain leg 662 inside opening 658 when member 653is turned in the direction of arrow 6N (FIG. 170). A portion of leg 662is externally threaded such that turning the head of member 653 in thedirection of arrow 6N with an Allen wrench inserted in opening 654 (orby any other desired means) causes internally threaded nut 661 to movealong externally threaded member 662 in the direction of arrow 6T suchthat nut 661 bears against foot 656 and displaces foot 656 andtranslation member 651 in the direction of arrow 6R (FIG. 171). Thepresently preferred “starting position” of member 651 is illustrated inFIG. 171, although, as would be appreciate by those of skill in the art,the “starting position” of member 651 can correspond to the positionillustrated in FIG. 165 and member 651 can be moved from the position ofFIG. 165 to the position shown in FIG. 171. When, however, member 651 isdisplaced from the beginning position illustrated in FIG. 171 in thedirection of arrow 6R, member 651 functions to displace simultaneouslyin the direction of arrow 6R a vertebra V1 that is contacted and engagedby member 651. While vertebra V1 is transversely or laterally displacedin the direction of arrow 6R, the adjacent vertebra V2 contacted andengaged by base 652 can remain substantially fixed, or, vertebra V2 canbe transversely displaced in the direction of arrow 6M while vertebra V1moves in the direction of arrow 6R, or, vertebra V1 can remainsubstantially stationary and not move in the direction of arrow 6R whilevertebra V2 moves and is transversely displaced in the direction ofarrow 6M.

Implant 650, as do various other implants illustrated in the drawingsherein, includes teeth which function to engage vertebra surfacescontacted by the implant. These teeth are typically illustrated hereinwith interlocking openings 655A (FIG. 168) formed therebetween that havean arcuate cross-section profile. The width of these interlockingopenings increases in at least one direction or dimension as thedistance from the outer surface(s) of the implant 650 increases. Theshape and dimension of such interlocking openings can vary as desiredand can, for example, have a trapezoidal 655 cross-sectional profileinstead of an arcuate profile. The width of openings 655A, 655 need notincrease in one or more dimensions as the distance traveled into theopenings increases. The width can actually instead remain constant orcan actually decrease. It is, as noted, preferred that the widthincrease so that the openings tend to interlock with tissue that entersand expands into the openings.

FIGS. 172 to 177 illustrate an intervertebral implant 670 utilized totranslate laterally a vertebra, or possibly an intervertebral disc, withrespect to an adjacent vertebra. The individual components of implant670 are most readily apparent in FIG. 172, and include a base 672, atranslation member 671 shaped to move pivotally and transversely withrespect to base 672, and a rotatable screw member 677 for actuatingmember 671 to move in the direction of arrow 6U (FIG. 177) when member677 is turned in the direction of arrow 6V (FIG. 177) by an Allen wrenchinserted in hexagonally shaped socket 678 (FIG. 174). Member 671includes platform 673 with a plurality of tissue engaging teeth formedthereon. The upper end of leg member 674 is pivotally connected toplatform 673 by pin 675 (FIGS. 172, 177). The lower end of leg member674 is pivotally connected to base 672 by pin 679 (FIGS. 172, 177).Member 677 includes an externally threaded leg similar to leg 662 ofimplant 650 (FIG. 170). The externally threaded leg of member 677extends into an opening formed in T-shaped member 676 such that turningmember 677 in the direction of 6V when implant 670 is in the startingorientation illustrated in FIG. 177 displaces member 676 laterally inthe direction of arrow 6P (FIG. 177). When member 676 moves laterally ortransversely in the direction of arrow 6P, member 676 bears against anddisplaces leg 674 in the direction of arrow 6P such that leg 674 andplatform 673 upwardly pivot in the direction of arrow 6U (FIG. 177).

When platform 673 is displaced from the beginning position illustratedin FIG. 177 in the upward arcuate direction of travel indicated by arrow6U (FIG. 177), platform 673 functions to displace upwardly and laterallyin the direction of arrow 6U a vertebra V3 that is contacted and engagedby member platform 673. While vertebra V3 is upwardly and laterallydisplaced in the direction of arrow 6U, the adjacent vertebra V4contacted and engaged by base 672 can remain substantially fixed, or,vertebra V4 can be transversely displaced in the direction of arrow 6Wwhile vertebra V3 moves in the direction of arrow 6U, or, vertebra V3can remain substantially stationary and not move in the direction ofarrow 6U while vertebra V4 moves and is transversely displaced in thedirection of arrow 6W. How implant 670 transversely moves vertebrae V3and V4—and how implant 650 transversely moves vertebrae V1 andV2—depends on a number of factors including the configuration of thepatient's spine, the position of the patient, the position of theimplant intermediate the adjacent pair of vertebrae, etc.

When member 676 displaces arms 674 in the direction of arrow 6P, arms674 continue to pivot about pin 679 until arms 674 nest in and arestopped by U-shaped opening 680 formed in base 672 (FIGS. 172, 173,177). Platform 673 or vertebra V3 can, if desired, pivot in thedirections indicated by arrows 7R (FIG. 172) on pin 675 when platform673 is in the fully displaced position illustrated in FIG. 172.

FIGS. 178 and 179 illustrate an instrument constructed in accordancewith the invention and generally indicated by reference character 760.The distal end 722F includes a rounded tip 765 shaped to be oscillatedin and out in directions parallel to the longitudinal axis of instrument760 in order to facilitate the passage of tip 765 through tissue. Tip765 includes slot 767 formed therein. Hollow tubular member 764 housescylindrical member 762 such that member 762 can slide back and forth inmember 764. The distal end (not visible) of cylindrical member 762 isprovided with a blade 768 (FIG. 179). Blade 768 includes cutting edge769. In FIG. 178, blade 768 is in a stowed position inside the distalend 722F of member 764 and is not visible. In FIG. 179, member 762 andblade 768 have been displaced in the direction of arrow 7W and blade 768has slid through opening 767 to a deployed position shown in FIG. 179.The shape and dimension of blade 768 and tip 765 can vary as desired.Blade 768 and member 762 are moved between the stowed position of FIG.178 and the deployed position of FIG. 179 by displacing end 761 in thedirection of arrow 7V (to move blade 768 from the stowed to the deployedposition) and in a direction opposite that of arrow 7V (to move blade768 from the deployed to the stowed position). In one mode of operationof instrument 760, tip 765 is, with blade 768 stowed, oscillated backand forth in directions parallel to arrow 7V in order to pass tip 765through tissue to a desired location in an individual's body. Once tip765 is at the desired location, end 761 is displaced to form an incisionin tissue adjacent tip 765. To form an incision, blade 768 can bedisplaced in the direction of arrow 7W into tissue while member 764 isheld in fixed position. Or, after blade 768 is deployed, member 764 andblade 768 can be moved simultaneously to form an incision in tissue.Instrument 760 can be used to make an incision in any tissue in the bodysuch as skin, blood vessels, nerves, organs, joints, etc. One advantageof instrument 760 is that blade 768 can be safely passed among peoplewhen blade 768 is in the stowed position and also when not in use.

In the event hollow member 764 is intended to house an implant thatslides through member 764 to a desired location in an individual's body,the inner channel in member 764 and opening 767 through which theimplant slides can have an orthogonal or other shape or configuration(as can the implant) that engages the implant and prevents the implantfrom rotating inside member 764 about the longitudinal axis of member764. In this fashion, the physician utilizing member 764 can morereadily determine the orientation of the implant once the implant exitsthe distal end of member 764 into a patient's body. If the member 764 isnot rotated (about the longitudinal axis of member 764) while theimplant is being inserted in a patient's body, then the orientation ofthe implant therein remains the same (i.e., the implant does not rotateinside member 764 about the longitudinal axis of member 764) while theimplant slides therethrough.

Similarly, if an implant has an opening formed therethrough that permitsthe implant to slide down the outside of member 764, of a wire, etc.,the opening formed through the implant and/or the shape and dimension ofthe outside of member 764 or the wire prevent the implant from rotatingabout the longitudinal axis of member 764 or of the wire while theimplant slides therealong. This enables a surgeon to more readilyascertain the orientation of the implant once the implant passes into apatient's body. If either member 764 or the wire is not rotated whilethe implant is being inserted into a patient's body, then theorientation of the implant thereon remains the same while the implantslides therealong.

The position of member 764 or of an implant may also be verified bydirect visualization, arthroscope, endoscope, any illuminated lightsource, fluoroscope, x-ray, camera, video recording, patient feedback,electrical stimulation, ultrasound, or any other desired means.

FIGS. 69 to 72 illustrate an implant 435 provided with openings 436, 437having a width that initially expands as the distance from the outersurface of the implant increases. As is illustrated in FIG. 71, theseopenings can be packed or filled with a composition that forms a tooth700 that engages or penetrates tissue. The composition of tooth 700 canvary as desired. Tooth 700 need not be, but is preferably substantiallyrigid. Tooth 700 can be porous to facilitate the ingrowth of tissue froma patient's body and/or resorb over time. In one application, tooth 700is formed from bone, in which case tooth 700 may fuse with similartissue in a patient's body.

Another tooth 701 illustrated in FIG. 71 and includes an outwardlyextending tip that functions to penetrate and interlock with tissue in apatient's body. If tissue in a patient's body is pressed against the tipof tooth 701, or vice-versa, the tissue may flow or move around andenvelop the tip of tooth 701.

Tooth 700, 701 can comprise an integral part of an implant and need notconsist of a separate composition that is added to the implant. Forexample, implant 435 can be cut from a block of stainless steel or anyother desired material and include the outwardly extending part of tooth701, in which case opening 437 would not exist.

The shape and dimension of teeth 700 and 701 can vary as desired. In oneembodiment of the invention, an implant includes one or more teeth 700,701 shaped like the keel of a boat.

To facilitate inserting implant 435, openings 436, 437 can be filledwith a composition that remains flush, extends outward from, or ispartially recessed from the outer surface of implant 435. At leastpartially filling openings 436, 437 may prevent implant 435 from“hooking” or catching on tissue when implant 435 is inserted. Openings436, 437 can be filled with cement or other bonding materials that arepress fit or injected from within or around implant 435.

As would be appreciated by those of skill in the art, the variousimplants described herein can be inserted in any desired joint in apatient's body or at any other desired location in a patient's body,including but not limited to a patient's jaw in connection with theinsertion of dental implants or other dental work. Other such joints, byway of example and not limitation, include facet joints, intervertebraldiscs, and interspinous process joints in the spine.

The floating implant 770 of FIG. 180 includes a flat, football-shapedplatform 771 that tends to float on tissue and to ameliorate subsidenceof the implant in the tissue. Teeth 772 extend outwardly from platform771. Openings 773 are formed intermediate adjacent teeth 772. The widthof an opening 773 initially increases as the distance into the opening773 increases and the distance away from outer surface(s) 774 increases.I.e., opening 773 initially expands as the distance into opening 773 andaway from surface 774 increases. Platform 771 can have any shape ordimension and may be “bean” or “C” shaped to contour to vertebral bones.Platform 771 may be configured to resist subsidence in tissue afterremoval of a prior implant and/or tissue. Floating implant 770 can beused in revision surgery or to fill substantial defects within thespine. Teeth 772 can be configured as an arcuate concave surface aboveand below platform 771 to conform to adjacent vertebra. Teeth 772 canhave any shape or dimension.

FIG. 184 illustrates an orthogonal implant system in which a wire 780 isfirst inserted in a direction indicated by arrow 7P into a body toposition end 780A at a selected location in or at a joint or at anotherlocation in the body. After end 780A is positioned at the selectedlocation, dilator 781 is slid over wire 780 in the manner indicated byarrow 7Q. Elongate, longitudinal, cylindrical channel 782 formed throughdilator 781 slides over wire 780. Tip 781A of dilator 781 is used toform or expand the size of an opening in the body. Tip 780A, 781A can beorthogonal, round or any shape or dimension. Wire 780 or dilator 781 canbe used to manipulate and position tissue such as a displacedintervertebral disc and/or misaligned vertebra. Cannula 783 is slid overdilator 781 in the manner indicated by arrow 7R until edge 785 is at adesired location adjacent or in the opening formed by dilator 781.Hollow, orthogonal channel 784 in cannula 783 is concentric to andslides over the orthogonal outer surface of dilator 781. Driver 786 isslide over dilator 781 until end 788 contacts end 789 of cannula 783.Hollow, orthogonal channel 787 in driver 786 is concentric to and slidesover the orthogonal outer surface of dilator 781. A hammer or otherinstrument is used to strike cap 790 in the direction of arrow 7T todrive cannula 783 to a desired location. Driver 786 is removed fromdilator 781. Dilator 781 is removed. Wire 780 can also, if desired, beremoved or can remain in cannula 783. An implant is inserted in end 789and slid through channel 784 and out the lower end of channel 784 intothe body. If wire 780 is left in cannula 783, the implant can, aspreviously shown, include an opening formed therethrough that permitsthe implant to slide down wire 780. Alternatively, the cannula 783 isremoved, and the implant is slide down wire 780. When an implant is slidthrough channel 784, the implant is preferably shaped and dimensionedsuch that is cannot rotate about the longitudinal axis of cannula 783(or rotate about a wire 780) while sliding through channel 784. In FIG.184, the longitudinal axis of cannula 783 is parallel to and coincidentwith arrow 7S. The combined lengths of driver 786 and cannula 783 exceedthe length of wire 780 or dilator 781 so that striking cap 790 does notfunction to contact end 780B or end of dialtor 781 and drive wire 780into the body.

The orientation of an implant inserted into the body using the implantsystem in FIG. 184 need not be restricted to prevent rotation. Forexample, a threaded cylindrical implant may be rotated within theimplant system in FIG. 184 to facilitate insertion within the body. Theinstruments and implant described herein—including but not limited toinstrument 760 (FIG. 178), the implant system in FIG. 184, implant 435in FIGS. 69-72, and/or implant 770 in FIGS. 180 to 183—can betransparent, semi-transparent, or opaque to control the amount of light,x-ray, ultrasound, current, etc. used to determine the position of theinstrument and/or implant.

Having described my invention in such terms as to enable those of skillin the art to make and practice it, and having described the presentlypreferred embodiments thereof, we claim:

1. A method to position a pair of opposing tissue surfaces, said methodcomprising the steps of (a) providing an implant comprised of at leastan upper and a lower arcuate concave surface each contacting a differentone of said tissue surfaces to space apart said tissue surfaces; and,(b) inserting said implant intermediate said opposing tissue surfaces.2. A method to form an opening within the body, comprising the steps of(a) providing an instrument (i) with a distal end shaped and dimensionedto be manipulated to pass through tissue to a selected location withinthe body, and, (ii) housing a deployable instrument to make an opening;(b) manipulating said distal end to pass through tissue to said selectedlocation; (c) deploying said instrument; and (d) making an opening.
 3. Amethod to fix an implant to at least one tissue surface, comprising thesteps of (a) providing an implant having a surface and at least oneopening formed in said surface and increasing in width as the distancefrom said surface increases; (b) packing said opening with acomposition; (c) inserting said implant adjacent said tissue surfacesuch that said composition contacts said tissue surface.
 4. A method tofix an implant to at least one tissue surface, comprising the steps of(a) providing an implant having a surface and an arm extending outwardlyfrom said surface and shaped and dimensioned to penetrate and interlockwith said tissue surface; and, (b) inserting said implant adjacent saidtissue surface such that said arm penetrates and interlocks with saidtissue surface.
 5. A method of passing an implant through tissue to alocation intermediate a pair of opposing joint members, comprising thesteps of (a) providing an elongate guide unit; (b) providing an implantstructure shaped and dimensioned to move along said guide unit; and, (c)moving said implant structure along said guide unit to the locationintermediate the joint members.
 6. The method of claim 5 wherein saidimplant and said guide unit are shaped and dimensioned such that saidguide unit prevents rotation of said implant about the longitudinal axisof said guide unit.